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Tax-Dictionary v01 PDF
Tax-Dictionary v01 PDF
At present, the dictionary contains all common and most less common tax terms, but it is still not complete. Many more
terms will be added.
It is the intention that this dictionary will eventually be published as a book or become part of a subscription service. In
the meantime, I hope that you find this dictionary useful.
The list includes ordinary words, such as car and water, where there are specific tax provisions.
As such, the dictionary includes terms for all taxes levied in the UK. It also includes some notes on
taxes levied in other countries where this may be useful to a UK tax practitioner. Some brief notes
are included on taxes that are no longer levied.
Because tax does not exist in isolation, the dictionary includes terms from adjacent disciplines
where this could assist the tax practitioner.
There have been several cases where taxpayers have been criticised for not complying with
accounting standards in producing the accounts from which tax has been computed. Accordingly,
many financial accounting terms have been included.
Terms have also been included, where appropriate, relevant to banking, investment, national
minimum wage, pensions and social security. Terms have also been included on company law,
Customs law and insolvency law. As tax is a branch of law, many general legal terms are also
included. A few terms have been included from commercial law, criminal law, economics,
employment law and management accounting where these may be of use to a tax practitioner.
This book is a dictionary and not a book of tax law. Its function is to define and, in some instances,
explain terms. Entries in this book should not be regarded as definitive or exhaustive explanations
of the law. Many definitions indicate sources where further information can be found.
The book does not list court cases, with the limited exception that some cases have assumed such
importance in tax that their names may be regarded as tax vocabulary. Those few cases are
therefore listed.
With over 500 tax cases each year, it is not possible to include every judicial comment on the
meaning of a term. Therefore comments from cases are restricted to where they provide definitive
guidance or usefully clarify a term.
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 2
Most of the terms in the book relate to current taxes, including recently repealed provisions and old
provisions that can still apply in existing situations. There are a few historic notes on taxes repealed
some time ago.
Conventions used
Throughout the book, terms printed in bold type refer to other entries in the dictionary which may
assist the reader.
Terms printed in italics refer to parts of the entry which the author wishes to emphasise to the
reader.
Where there are statutory or other authoritative definitions, these are reproduced where this is
considered likely to assist the reader. However it should be realised that a book of this size cannot
be exhaustive, particularly in reproducing comments from judgments in tax cases.
Some terms in tax are of limited use in a particular area and have therefore been excluded. For
example, no value is seen in listing all the places where terms like “relevant amount” or “appointed
day” are used in tax law.
Terms are listed in alphabetical order, ignoring where words end. So accounting standards appears
before account of estate. Among other reasons, this avoids problems with terms like cashflow
which are variously used as one word and two words. Abbreviations are included in the main text
on the same basis. For alphabetical order, numbers and other signs are ignored, except that terms
starting with a number are listed at the end of the book after Z.
Authoritative sources
Verbatim quotes from authoritative sources are indicated by “speech marks”. Quotations within
quotations are indicated by ‘single speech marks’ regardless of how they were punctuated in the
original. In quotations, words in square brackets do not appear in the original text but have been
included so that the extract is grammatical and makes sense. This practice has been kept to a
minimum.
Acts of Parliament are quoted extensively, such as Income Tax Act 2007. This refers to statute law
passed in 2007. The main Act comprises sections indicated as Income Tax Act 2007 s14.
Numbers in brackets indicate sub-sections, such as Income Tax Act 2007 s504(1).
After the sections, Acts may have Schedules divided into paragraphs. These are indicated as Income
Tax Act 2007 Sch 2 para 89(1).
The inclusion of letter indicates that the section has been subsequently added by another Act. For
example. Income Tax Act 2007 s564M was added by Taxation (International and Other Provisions)
Act 2010 s365 and Sch 2 para 14.
A statutory instrument (SIs) is a form of secondary legislation but which has the same force of law
as an Act of Parliament. These are quoted in the form SI 2003 No 2682.
Where text is quoted from an Act or SI, it appears in the form as may have been amended by the
operative date of this book.
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 3
The tax authorities produce statements of practice in the form SP1/06. That means the first such
statement produced in 2006.
There are various tax notices and leaflets, Briefs that deal with short-term specific issues and other
forms of guidance which are included as appropriate.
Many details of tax are resolved in hearings in the courts or tribunals. These tax cases are indicated
by the names of the parties and the year the case was heard as in Furniss v Dawson [1984].
Tax cases can have one or more citation. For court cases, the citation is now standardised. The High
Court is EWHC; Court of Appeal EWCA and House of Lords UKHL. From 1 October 2009, the
Supreme Court replaces the House of Lords as the final court. Its citation is SC.
Traditionally the year of the law report is indicated in square brackets, such as [1932].
Before 1865, law reports were published as English Reports with the citation ER.
Between 1865 and 1975, they were published as Law Reports with the citation LR.
From
Accounting standards are produced by the Accounting Standards Board from 1990 in the form of
Financial Reporting Standards (FRS). Previously, from 1971, the Accounting Standards Committee
produced Statement of Standard Accounting Practices (SSAPs). These are still in effect except to
the extent that they have been replaced by an FRS.
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Leach’s tax dictionary as at 15 June 2011, page 4
A
A (1) First person in any explanation or legal guide, as in “if A buys from
B on behalf of C...”.
(2) National insurance contribution letter for an employee who is liable
to pay the full rate of class 1 national insurance.
(3) Suffix to a tax code used for only two years. In 2002/03 it meant the
taxpayer was entitled to half the children’s tax credit. In 2001/02, it
meant the taxpayer was entitled to the married couple's allowance and
was taxed at the higher rate.
(4) For council tax, the lowest band of property values:
• in England, up to £40,000 in 1993
• in Wales, up to £30,000 before 1 April 2005, or £36,000 after;
• in Scotland, up to £27,000 in 1993.
A band A property pays council tax at 2/3 of the rate for an average
band D property.
A2 form Form issued by HMRC giving a decision notice about whether a person
is liable to pay national insurance in the UK or another EU country.
This form will replace the decision note previously issued on form 181.
AA running costs Tables of the cost of running a car as produced by the Automobile
Association. These are regarded as authoritative and are widely
accepted.
The table distinguishes between standing charges and running
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Leach’s tax dictionary as at 15 June 2011, page 5
abandoned option When an option is not exercised by its expiry date. The option usually
then becomes worthless.
abandonment cost Costs of abandoning plant, particularly oil wells. There have been
various proposals on such costs should be accounted.
The current method of accounting for abandonment costs was
adopted when FRS 12 was introduced. The liability for these costs
should be reflected in the accounts from when the entity first incurs the
obligation to rectify the environmental damage caused by the plant. In
practice this is likely to be at construction. The estimated costs are then
capitalised and charged as an expense during the plant’s useful
economic life, in effect making it a second depreciation charge.
abatable loan Any loan which may be reduced if a defined eventuality occurs.
The term is particularly used for payments made under an
exclusivity agreement. An example is where an oil company pays a
petrol station to buy only its petrol. The payment typically takes the
form of an abatable loan in that part of it becomes repayable if the
agreement ends early.
An abatable loan is treated as a grant for the purposes of income tax
and corporation tax. This means that it is taxed as trading income unless
the recipient can show that the loan was for capital expenditure. Such
an example would be buying display material in the logo of the oil
company.
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Leach’s tax dictionary as at 15 June 2011, page 6
abatement Any reduction from a full amount, such as a pro rata payment.
In tax, the term is used in various contexts.
A tax penalty may be abated for voluntary disclosure and co-
operation.
Under Inheritance Tax Act 1984 s29A, an exemption from
inheritance tax is abated to the extent that it is settled from
beneficiary’s own resources.
abbreviated accounts Shortened form of accounts which small limited companies may file.
Details are given are given in Companies Act 2006 s445 and supporting
regulations. Companies that submit abbreviated accounts must also
submit a special auditor’s report.
abnormal dividend Dividend of abnormally large size whose payment can trigger the
provisions in Corporation Tax Act 2010 from s731 to cancel a
corporation tax advantage.
abnormal rent increase For stamp duty land tax, basically a rent increase of more than RPI plus
5% after the end of the fifth year.
It can trigger an additional liability to SDLT (Finance Act 2003 Sch
17A paras 14-15).
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 7
abode Where a person lives and sleeps at night. This was once a factor in
determining residence.
abolition date Date from which a defined contribution pension scheme ceases to
qualify for a contracting out rebate of national insurance (Pensions Act
2007 s15(2). The date is 6 April 2012.
abortive cost Any cost incurred which does not lead to a return. Where it is not
known whether a cost which lead to a return, it is known as a
speculative cost.
For VAT, these terms are specifically used to mean the cost of
finding sites for possible building development. A speculative cost is
regarded as a genuine business expense on which input tax may be
reclaimed. If a developer later decides to proceed with an aborted
scheme, it may be necessary to apportion the abortive cost between
business and non-business use and disallow the latter.
above par Description of share which is more than its par value.
This increase in value usually derives from the profits it has earned
since it commenced trading, and the goodwill it owns.
above the line Theoretical line drawn in the profit and loss account. Items above it
are those that determine how the profit is calculated, as against those
below that indicate how the profit is distributed.
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Leach’s tax dictionary as at 15 June 2011, page 8
abridged accounts Financial statements that a company may produce outside the scope of
the Companies Acts.
absence from UK This can establish non-residence for a tax year, meaning that the
taxpayer avoids UK income tax.
absence of records For national insurance, lack of records relating to earnings from
1987/88. Provisions are contained in Social Security Contributions and
Benefits Act 1992 s24.
absens haeres non erit Latin: the absent one will not be the heir.
absent parent Term used until 18 January 2001 for the parent who does not live with a
child and who usually pays maintenance to the other parent, known as
the parent with care.
The term “absent parent” has now been replaced by non-resident
parent.
absolute entitlement When a person acquires rights to settled property (Taxation of Capital
Gains Act 1992 s71).
absolute interest Full and complete ownership of property, or a vested right of property
which is liable to determined only by the failure of a successor in title.
In relation to a company’s absolute interest as a beneficiary in an
estate, the tax provisions are set out in Corporation Tax Act 2009 s943.
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Leach’s tax dictionary as at 15 June 2011, page 9
absolute title Evidence of ownership of land. Under Land Registration Act 1925 s5,
there can be no-one with a better right to the land.
abs re (or reo) Abbreviation of absente reo, Latin: the defendant being absent.
abuse of position One of the three bases of the crime of fraud under Fraud Act 2006
s2(2).
A person is guilty of fraud by abuse of position “if he:
(a) occupies a position in which he is expected to safeguard, or
not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position:
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of
loss” (Fraud Act 2006 s4(1)).
“A person may be regarded as having abused his position even
though his conduct consisted of an omission rather than an act” (ibid
s4(2)).
a/c Account.
AC Since 1875, part of the citation for reported appeal cases heard in court.
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Leach’s tax dictionary as at 15 June 2011, page 10
academy agreement Arrangement made between the government and a school that becomes
an academy (Academies Act 2010 s1(3)).
accelerated depreciation The depreciation of a fixed asset more quickly than would otherwise
be appropriate. The capital allowance for tax purposes is often seen as
a form of accelerated depreciation.
The term was also used for the former development areas where
accelerated depreciation produced a tax advantage.
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 11
acceptance in lieu “This allows a person who is liable to pay inheritance tax, capital
transfer tax or estate duty to settle part, or all of the debt, by disposing
of a work of art or other object to [HM Revenue and Customs]” (VAT
notice 701/12).
acceptance sampling Where a customer accepts or rejects goods on the basis of testing a
sample.
access code In computing, a sequence of letters and numbers which must be keyed
in to use a program or access data.
Accession States Countries which have recently joined the European Union.
accession taxes Taxes on lifetime gifts and legacies. The term was particularly used in
early 20th century American tax literature. No such tax has been
imposed in the UK, though capital transfer tax was a similar tax from
the perspective of the donor.
accession treaty EU treaty which permits a state or states to join the European Union.
accession worker Worker who has come to the UK from a country which has recently
joined the European Union.
accession worker card Document given to an accession worker to show that the holder may
legally work in the UK.
accessories Additional products which may be sold to provide further functions for
a product, such as attachments to do different types of stitching on a
sewing machine.
Spare parts and consumable parts are often also regarded as
accessories. Many manufacturers make more profit on accessories,
spare parts and consumables than on the main product.
access provider In computing, company which gives access to Internet and e-mail
facilities.
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Leach’s tax dictionary as at 15 June 2011, page 12
accidentally destroyed Term used for beer duty in relation to liquor accidentally lost, such as
spillage in a road accident.
If the loss is “significant” (not defined) it must be separately
reported for duty not to be payable (Customs notice 226).
accident insurance fund Fund maintained by a business to meet its own insurance claims up to a
limit.
accidental death benefit A provision that may be added to a life insurance policy which provides
payment of an additional benefit in the case of death resulting from an
accident.
accommodation (1) General name for any property used for residence.
The provision of such property for an employee can create a tax
liability for the employee. Provision of accommodation can also count
towards the national minimum wage.
If an employee is provided with accommodation, this will usually
create a taxable benefit unless the accommodation is traditional for the
work done (eg clergy), necessary for the job (eg caretaker) or needed
for the security of the employee.
Certain expenses in relation to accommodation are also exempt
from tax (Income Tax (Earnings and Pensions) Act 2003 s313).
Where accommodation is taxable, the employee is liable to pay
income tax on two elements: the notional rent according to the
property’s rateable value, and an additional charge where the property
is above a certain value.
The extent to which accommodation is tax-deductible is discussed
in the Inspectors’ Manual at BIM37928.
The position for MPs is given in Income Tax (Earnings and
Pensions) Act 2003 s292.
(2) Arrangement whereby money is lent for a short period.
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Leach’s tax dictionary as at 15 June 2011, page 13
accommodation outgoings
Expenses that may be free of income tax when reimbursed to a minister
of religion.
The expenses are heating, lighting, cleaning and gardening. The
exemption is contained in Income Tax (Earnings and Pensions) Act
2003 ss290A-290B as inserted by SI 2010 No 157 with effect from 1
April 2010. Previously this was exempted by extra-statutory
concession A16.
accountancy conventions Those accounting principles that are so widely accepted, it may be
assumed that accounts comply with them unless explicitly stated
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Leach’s tax dictionary as at 15 June 2011, page 14
accountancy evidence Evidence from the practice adopted in the accounts of a taxpayer.
HMRC will “consider accountancy evidence to be informative but not
determinative”, particularly in regard to whether an item is capital or
revenue (Inspectors’ Manual at BIM35210).
accountancy firm A business partnership (or possibly a limited company) in which the
partners are qualified accountants. The firm undertakes work for clients
in respect of audit, accounts preparation, tax and similar activities.
accountancy profession The collective body of persons qualified in accounting, and working in
accounting-related areas. Usually they are members of a professional
accountancy body.
Accountant in Bankruptcy
Scottish official who oversees bankruptcies in Scotland.
account-holder rights Term used in Income Tax Act 2007 s285(5) in relation to venture
capital trust tax relief.
The rights are broadly to direct a company to make payments of
dividends or equivalent to a nominated person.
accounting basis One of the ways in which an accounting concept may be applied to a
transaction. An example is the period over which a fixed asset is
depreciated.
accounting concept One of five principles which accountants assume have been followed
unless specifically stated otherwise.
The five are:
● going concern: the business will continue for the
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Leach’s tax dictionary as at 15 June 2011, page 16
foreseeable future;
● accruals: income and expenditure are matched;
● consistency: transactions are accounted the same way in
successive accounting periods;
● prudence: accounts are prepared on a conservative basis;
● separate entity: accounts only refer to the named entity.
The first four are contained in the EU Fourth Directive on Company
Law and were listed in SSAP 2. All five are contained in Companies
Act 2006.
There are other accounting concepts which in practice are followed
though not expressly stated, such as materiality and substance over
form.
accounting cost Cost to which a financial value may be ascribed, such as materials,
labour and overheads.
The term therefore excludes other costs which are discernable but
not quantifiable, such as convenience and contentment.
accounting date Date to which accounts are made up, also known as balance sheet
date.
There are special tax provisions for a change of accounting date.
accounting elements American term for the five matters that must be recorded in all
accounts, namely assets, liabilities, equity, income, and expenses.
accounting entity Body for whom accounts are prepared. This may not always be a legal
entity, such as in group accounts.
accounting graduate Person who has completed all the exams of an accountancy body but
who has not yet been admitted as a member. This last stage usually
requires references and a formal acceptance by the governing body.
accounting manual Handbook or other set of procedures produced by an entity to set out its
financial procedures.
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Leach’s tax dictionary as at 15 June 2011, page 17
accounting period Period, usually of one year, for which financial statements are prepared.
For pool betting duty, an accounting period is “a four of five-week
period ending on the last Saturday in each calendar month”. From 26
September 2010, a pools promoter may choose to pay quarterly
provided the aggregate of pools bets for the previous 12 months did not
exceed £660,000, and certain other conditions are met (as explained in
Customs notice 147).
accounting policies Accounting methods which have been judged by business enterprises to
be most appropriate to their circumstances and adopted by them for the
purpose of preparing their financial statements.
FRS 18 para 6 defines them as “those principles, bases,
conventions, rules and practices applied by an entity that specify how
the effects of transactions and other events are to be reflected in its
financial statements through
(a) recognising
(b) selecting measurement bases for, and
(c) presenting
assets, liabilities, gains, losses and changes to shareholders’ funds.
Accounting policies do not include estimation techniques.”
The text adds “accounting policies define the process whereby
transactions and other events are reflected in financial statements. For
example, an accounting policy for a particular type of expenditure may
specify whether an asset or a loss is to be recognised; the basis on
which it is to be measured; and where in the profit and loss account or
balance sheet it is to be presented.”
FRS 18 para 14 states, “an entity should adopt accounting policies
that enable its financial statements to give a true and fair view. Those
accounting policies should be consistent with the requirements of
accounting standards, Urgent Issues Task Force (UITF) Abstracts and
companies legislation”.
Para 15 states that “in exceptional circumstances” it may be
necessary to depart from accounting standards to give a true and fair
view. In such a case, the accounts must disclose full details of this (as
explained in para 62).
Para 17 states that where there is a choice of accounting policies
that satisfy the conditions of para 14, the one that should be adopted is
the one “judged by the entity to be most appropriate to its particular
circumstances for the purpose of giving a true and fair view”.
accounting policy The accounting basis which a body decided to adopt for its financial
statements.
The requirement to depreciated a fixed asset is an accounting basis,
deciding to depreciate assets over, say, four years is an accounting
policy.
accounting principles Basic principles with which it is assumed all accounts comply with
unless otherwise stated.
accounting standards Statements on how accounts must be prepared. These standards are now
issued by Accounting Standards Board.
A limited company is obliged to comply with accounting standards
as defined in Companies Act 2006 s464. Accounts used as a basis for a
tax computation must comply with standards from 6 April 1999 under
Finance Act 1998 s42.
There have been several cases that have held that the accounts must
comply with true and fair when used to compute a tax liability. A
leading example is Odeon Associated Theatres v Jones [1971] 1 WLR
442. The judge said “subject to any express or implied statutory rule, of
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Leach’s tax dictionary as at 15 June 2011, page 19
which there is none here, the ordinary way to ascertain profits or losses
of a business is to apply accepted principles of commercial
accountancy”.
In the case Balloon Promotions Ltd v Wilson [2006], the judge
upheld the duty to comply with accounting standards (SSAP 22 in this
case).
The matter is discussed in the Inspectors’ Manual at BIM31003.
accounting technician Person who holds an accounting qualification but who is not a qualified
accountant. The main body for such technicians is Association of
Accounting Technicians.
account maintenance Bank charge, usually made each month, for providing a bank account.
Transaction charges are additional.
account monitoring order Order which may be made under Proceeds of Crime Act 2002 s370 to
investigate bank and similar accounts held by suspected criminals.
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Leach’s tax dictionary as at 15 June 2011, page 20
account payable An amount due for payment to a supplier of goods or services. It is also
described as a trade creditor.
account receivable An amount due from a customer, also described as a trade debtor.
account sale Term now mainly used when goods imported on consignment are
valued for customs purposes by reference to the price they achieve
when sold in the European Union (EU). Account sales commonly apply
to importations of perishable goods.
The term was once widely used in consignment accounts.
accounts book Bound book ruled up with cash columns for manuscript entry of
financial transactions.
accounts meeting In company law, “the general meeting of the company before which the
company’s annual accounts are to be laid” (Companies Act 2006
s439(6)).
accounts payable Money owed by a person or business, otherwise known as its creditors.
accounts receivable Money owed to a person or business, otherwise known as its debtors.
account stated (1) An admission of a sum owed from one person to another, such as in
an IOU. In law, such an account stated is evidence but not conclusive
evidence, as the account stated may have been provided by error or
fraud or the supporting consideration may have been illegal.
(2) An account which has entries on both sides and where the parties
agree these entries may be offset. This means that the smaller figure is
subtracted from the larger and an appropriate single payment is made.
This provides good consideration for all items included in the account.
accredited training rate One of the original rates for the national minimum wage.
It was later renamed the development rate, before being replaced
by the reduced rate.
accrual (1) Amount paid in one accounting period but which belongs to
another.
The term is most commonly used when payment is made in the later
period. The opposite to this is a prepayment.
For example, a company’s year-end is 31 March. On 1 June it
receives a quarterly telephone bill for £300 worth of telephone calls.
One third of those calls belong to the previous period, so there is an
accrual of £100 to the previous accounting period.
The double entry is to debit the relevant account in profit and loss,
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Leach’s tax dictionary as at 15 June 2011, page 21
accruals basis Basis of preparing accounts where income and expenditure is adjusted
to reflect amounts owing and due for a defined period.
This differs from the cash basis where income and expenditure is
recorded only when cash changes hands.
The accruals basis is used for all accounting and taxation purposes
unless the business comes within the scope of an exemption for the cash
basis.
accruals concept Accounting principle that income and expenditure must be matched in
the same accounting period.
accrue (1) Gradually increase in amount from the normal course of events,
such as when a principal accrues by earning interest. It should be
remembered that something only accrues if it increases in small steps.
(2) Make an accrual in the accounts.
accrued benefits In pensions, the benefits which a member has so far acquired.
accrued dividend The amount of dividend which has been earned since the previous
dividend was paid.
accrued expense Amount of expense which has been incurred so far in an accounting
period but which has yet to be paid by the person or organisation.
accrued income Amount of revenue which has been earned so far in an accounting
period but which has yet to be paid to the person or organisation.
accrued income scheme Tax arrangement that applies on the disposal of interest-bearing
securities (Income Tax Act 2007 s616).
Broadly, the income that has accrued since the last payment is taxed
as the transferor’s income. The transferee may deduct this sum from his
taxable income. There are some exemptions.
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Leach’s tax dictionary as at 15 June 2011, page 22
accrued interest Interest which has been earned since the previous payment.
The term is widely used for valuing bonds, where accrued interest is
traditionally excluded. The value without accrued interest is a clean
price; with accrued interest, it is a dirty price.
accrued liabilities Amount of liabilities which have been incurred so far in an accounting
period though payment has not been made.
Examples include such areas as rent, rates, electricity and water.
The existence of accrued liabilities usually requires a journal entry at
the year-end to create a figure for accruals. This is shown as a current
liability.
acct Account.
accumulate Heap up or pile on. In finance, the term usually applies to a fund which
keeps growing by having amounts added.
accumulated depreciation The amount of depreciation so far charged against the book value of a
fixed asset.
For example if a fixed asset has a book value of £1,000 and is being
depreciated over five years on the straight line basis, after two years the
accumulated depreciation is £400. This is subtracted from the book
value to give the net book value of £600.
accumulated dividend Dividend which has not been paid to a holder of a cumulative
preference share or similar security and which is carried forward to be
paid in a future period with the dividend for that period.
accumulated points Sales promotion scheme which works by awarding points according to
the value of sales. These points can then be redeemed for cash or goods.
The VAT implications of such schemes have been tested in the
courts. In the case Kuwait Petroleum Ltd [1999], it was held that the
issue of the vouchers was for no consideration. No part of the price paid
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accumulated profit Profit which is not paid as a dividend but is taken into the accounts of
the following accounting period.
accumulated reserves The reserves of a business which have been collected over several
years.
accumulating shares Ordinary shares issued instead of a dividend. This has the effect of
replacing income with capital growth.
accumulation trust Form of discretionary trust where the trustees’ discretion includes the
right not to pay any beneficiary but to carry forward all income and
profit.
accumulation units Units added to a unit trust or other collective investment in lieu of
interest.
Their capital gains tax treatment is given in Taxation of Chargeable
Gains Act 1992 s99A.
accuracy State of being correct with sufficient precision. It is one of the basic
requirements of accounting.
achievement motivation In psychology and business management, one of three sets of personal
needs. The other two are power and affiliation.
acid test In accountancy, another name for liquidity ratio. It is a simple quick
test that determines whether a company appears to be solvent.
The term comes from the California Gold Rush around 1845 when
prospectors had difficulty distinguishing valuable gold from worthless
iron pyrites. A simple test was to pour on readily available nitric acid
which fizzed on pyrites but not on gold.
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acknowledgment of debt An admission, in writing and signed, by a person that he owes money to
another. This revives a debt which is otherwise statute-barred.
acknowledgment of service
Process in legal proceedings where the defendants states that the writ or
originating summons has been served on him.
a coelo usque ad centrum Latin: from heaven to the centre of the earth.
Legal term for the right of owners of a freehold property.
a/c payee only Words written on a cheque, which means that it must be paid into an
account in the payee’s name and cannot be indorsed to another payee
(Bills of Exchange Act 1882 s81A).
acpt Acceptance.
acquired corporation American term for a business which has been taken over.
acquired gender Sex of a person to whom a gender recognition certificate has been
issued or to a person who has applied for such a certificate and is
already living as a person of that sex (Gender Recognition Act 2004
s1(2)).
Such a person is treated as being of the new sex for all purposes,
including tax and social security, from the date of the certificate.
acquired goodwill Amount paid for a business above the value of net assets.
This is commonly used as a means of drawing tax-free funds from a
business. A sole trader or partnership may be acquired by a limited
company for a sum greater than its net assets. This difference is
goodwill. This may then be “repaid” without deduction of tax.
acquired rights Rights an employee acquires when his employer’s business is taken
over (Transfer of Undertakings (Protection of Employment)
Regulations 1981).
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acquiring corporation American term for a business which is taking over another.
acquiring institution A financially secure bank or similar body that acquires all or some of
the liabilities of a failed institution in a purchase and assumption
transaction.
acquisition (1) Term now used for goods brought into the UK from another
member state of the European Union. Goods going to another state are
called removals. Such goods are no longer regarded as imports and
exports, as the EU is a single market. Details are given in VAT notice
725.
An acquisition in the UK is subject to the rate of VAT as goods
produced in the UK.
(2) For stamp duty land tax, this means:
• a transfer of an existing chargeable interest;
• a creation of a new interest;
• the surrender or release of an interest; or
• the variation of an interest.
(Finance Act 2003 s43).
(3) In accounting, process by which ownership of a business is
obtained.
“A business combination that is accounted for by using the
acquisition method accounting” (FRS 7 para 2).
“A business combination that is not a merger” (FRS 6 para 2).
acquisition accounting One of the two methods by which a business may account for a newly
purchased subsidiary. The other method is merger accounting.
Acquisition accounting involves including the assets of the new
subsidiary with those of the parent company and writing off the
goodwill paid.
acquisition cost Amount paid to acquire something, including costs of delivery and
installation.
It is used in the calculation of capital gains tax.
acquisition of business This term has a specific tax meaning in relation to life assurance
business, as set out in Finance Act 1989 s86(4).
acquisitions “Operations of the reporting entity that are acquired in the period” (FRS
3 para 3).
acquisition tax For VAT, tax payable by a UK business on acquisitions from another
EU state.
acrd Accrued.
acre Unit of measure of land equal to 4,840 square yards or 43,560 square
feet. It was traditionally the amount of land an ox could plough in one
day. There are 640 acres to a square mile.
An acre equals 0.405 hectares or 4,005 square metres.
act (1) An action or omission of action which can have legal consequences.
(2) Law passed by Parliament. The term “means an Act of Parliament”
(Interpretation Act 1978 Sch 1) and “includes a local and personal or
private Act” (Interpretation Act 1978 s21).
actg Acting.
act in law An action of a party which has a legal effect, such as making a contract.
acting partner “Partner who habitually acts in the partnership business” (Partnership
Act 1890 s16). A notice to such a partner constitutes a notice to the
whole partnership.
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action (1) Civil proceedings commenced by writ. Sometimes the term “legal
action” is used to distinguish this from other meanings of the word.
(2) Industrial action
actionable per quod Actionable only when external factors are considered, unlike being
actionable per se. An example is defamation whereby the words are
only libellous on the basis of what else is known.
actionable per se Actionable without considering external factors; actionable on its own
merits. The opposite is actionable per quod.
actionable tort A civil wrong which entitles the injured party to sue.
action of account Obsolete common law offence of not keeping proper accounting
records, such as within a partnership. It is now replaced by the equitable
remedy of an account.
action research Business term for a process of managed change that is problem-
oriented. Typically it follows a five-stage sequence of problem
diagnosis, data gathering and analysis, group feedback, action and
evaluation.
action short of a strike Form of industrial action that imposes pressure on an employer without
calling a strike. Examples include work to rule, go-slow and overtime
ban. Such action is about twice as common as strikes.
activation PIN Code number which is used to activate an online service or computer
software. The number is only used once.
active account Any account, particularly with a bank, which is being used, as against a
dormant account.
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active investing Investing in a manner which studies markets and companies with a
view to outperforming the market.
active lien of carrier The lien of a carrier which is supplemented by a contractual provision
allowing a customer’s goods to be sold.
Under common law, every carrier has the right to exercise a passive
lien of carrier. This means that a carrier may hold a customer’s goods
until the carriage has been paid. A carrier and customer may agree a
further provision by contract that such goods may be sold if payment is
not made within a reasonable time.
active list List of people available for service. The term was originally for military
officers on full pay.
actively at work A clause in a group insurance policy that requires a new member or one
with an increase in cover, to be at work (or on holiday i.e. not absent
due to sickness, industrial action, etc.) on the day of joining or day of
increase.
active service Service in the military which involves actual fighting as against
preparation, training etc. There are some special concessions for active
service, such as exemption from inheritance tax if killed on active
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active stocks Stocks, shares and other securities which are being actively traded.
active trust Trust which requires the trustees to do something, such as to maintain a
property.
activity A In the context of EIS relief, this means carrying on a qualifying activity
either by the company itself or by a 90% subsidiary (Income Tax Act
2007 s179(2)).
activity B In the context of EIS relief, research and development which is related
to the main activity of the company (Income Tax Act 2007 s179(3)).
act of bankruptcy Obsolete provision of law. It was an action which justifies making a
person bankrupt as contained in Bankruptcy Act 1914 s1. These
provisions have been replaced by Insolvency Act 1985.
act of God Accident or event which happens without human cause, such as a storm
or earthquake, which no human foresight can provide against and where
human prudence is not obliged to recognise the possibility. Normal
weather conditions such as rain and wind are not acts of God.
There is no liability in tort for an act of God. It is possible to have
insurance against an act of God.
act of law The effect of the operation of the law, such as succeeding to property
under a will.
actual basis Method for determining the basis period for calculating income tax on
trades.
The actual basis is used for the first and last years of a business,
subject to overlap relief. All the years in between are taxed on the
current year basis.
actual birth Date a baby is born, as against the expected birth which is the date on
which a doctor or midwife expected the baby to be born.
For the purposes of statutory maternity pay, care must be taken as
to which birth date is used for determining entitlement.
actual charge For the purposes of spirits duty, this “is normally based on the litres of
alcohol contained in the spirits and any feints produced less the litres of
alcohol in any feints brought forward from the previous period”
(Customs notice 39).
actual consideration For stamp duty land tax, amount paid in respect of a transfer of land
into or from a partnership (Finance Act 2003 Sch 15).
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actuarial gain (loss) Changes in a pension fund’s deficits or surpluses that arise because:
● events have not coincided with the assumption used by the
actuary when carrying out the previous triennial valuation of the fund or
● the actuary changed the assumptions used in previous
valuations.
actuarial tables Tables indicating how long people are expected to live according to
their sex and current age. They are also known as life expectancy
tables or mortality tables.
actuating purpose “Purpose which motivates or incites a person to act” (FSA handbook).
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ad Latin: to
A-day The date of 6 April 2006 when the tax regime for pensions radically
changed.
The main changes were:
● the maximum amount which may be saved in a pension
scheme is determined by both an annual limit and a lifetime limit,
rather than as a percentage of earnings;
● the retirement age must generally fall between 55 and 75;
● a person may belong to any number of pension schemes of
any type;
● there are additional options on the types of annuity by which
a pension may be paid.
add Join or put with something. The term is used in mathematics for the
simplest function of producing a total from two numbers, as explained
in addition.
ad damnum Latin: to the damage. This usually refers to the amount of damages
demanded in legal proceedings.
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add back Part of a tax computation in calculating the adjusted profit for income
tax or corporation tax.
The tax computation starts with the net profit as shown in the profit
and loss account. Items which are not allowable for tax must be added
back. This increases the taxable profit, or reduces a loss (or even turn a
loss into a profit).
Items are added back because they are not tax-deductible or because
they are dealt with for tax in other ways.
Items commonly added back in accounts include:
• depreciation
• personal expenditure
• fines, bribes, penalties and similar
• salaries paid to partners or sole traders
• travel between home and place of work.
added to loan In banking, term used by lenders when additional charges are added to
the amount lent. Such additional charges typically may include an
arrangement fee, administration fee and mortgage indemnity fee.
added value Amount of increased worth from when something is received to when it
is passed on. In management accounting, profit can be seen as the
added value minus the overheads (such as wages and tax) incurred in
the process.
addition Process of combining two numbers to give a total or sum. The first
number is known as the augend and the latter as the addend, so in the
equation:
2 + 3 = 5,
2 is the augend, 3 is the addend, and 5 is the total.
A total to which further numbers are to be added is called a sub-
total.
On calculators, total is indicated by an asterisk * , while sub-total is
indicated by a diamond ◊ .
additional borrowing In banking, extra money a person or business may borrow in addition to
existing borrowing.
additional expense For taxation of assets provided to an employee, the term is defined in
Income Tax (Earnings and Pensions) Act 2003 s205(4).
additional expenses rules Term used by HMRC for expenses incurred when an employee is sent
overseas. Such expenses may not be taxable (HMRC leaflet 480).
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additional paid-in capital In USA, amount paid by stockholders above the par value of the stock.
additional payments Part of the alternative finance returns achieved under investment
bond arrangements (Taxation of Chargeable Gains Act 1992 s151N
and 151S).
additional rate Rate of 50% income tax introduced from 6 April 2010.
additional relief Term used for the additional tax relief which could be claimed for
children. This is abolished from 6 April 2000 (Finance Act 1999
s33(2)).
additional school School that is not an academy nor a replacement for a discontinued
maintained school (Academies Act 2010 s9(3)).
additional security fee An additional charge made to a loan when the security does not meet a
particular standard.
Typically such a fee is imposed if a mortgage is for more than 75%
of the value of the property. The fee may pay the premium for a
mortgage indemnity policy.
additional tax An extra amount which must be added to the income tax otherwise
payable for such things as unauthorised payments from a pension fund
(Income Tax Act 2007 s30).
additional yearly rent Notional amount of benefit in kind on which an employee is assessed to
income tax if provided with accommodation by an employer if the
accommodation cost more than £75,000.
The amount of benefit is calculated by subtracting £75,000 from the
cost and multiplying the difference by the official rate of interest.
The tax provisions are contained in Income Tax (Earnings and
Pensions) Act 2003 s106.
additur Latin: it is added. The term is sometime used for an addition to the
damages requested or awarded.
add-lister Term sometimes used for an adding machine with a print-out facility.
address for service Address which must be provided in legal proceedings for
communications to be sent.
ademption Process whereby a legacy totally or partly fails for a reason relating to a
legacy.
The commonest reason for ademption is that the item bequeathed no
longer exists, as when a legacy is for a painting which the testator sold.
adhesion contract American term for a contract whose terms are so heavily biased in
favour of one party that there is serious doubt as to whether the other
party really entered into the contract voluntarily.
adhesive stamp Stamp which is stuck to a document to indicate that duty or a fee has
been paid, as against a stamp made by an impression from a die.
There are provisions in Stamp Act 1891 s9 for fraudulent use.
ad hoc settlement Very rare form of trust for sale of land under Law of Property Act 1925.
ad hoc trust for sale Trust for sale of land where the trustees are two individuals approved
by a court, their successors or a trust corporation. Under Law of
Property Act 1925 a sale of land subject to this type of trust overreaches
all other equitable interests that would not be overreached for other
types of trust sale.
adjacent premises For beer duty, premises within five kilometres of a brewery that may
be registered on the same licence (Customs notice 226).
adjective law Those aspects of the law which relate to practice and procedure.
adjourned meeting Meeting which resumes the business of a meeting started at an earlier
occasion.
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adjudicating authority For social security, person or body allowed to determine an issue
(Social Security Act 1998 s27(7)).
adjudication order Term formerly used for the court document which formally made a
person bankrupt.
adjudication stamp For stamp duty, stamp representing the value as adjudicated (Stamp Act
1891 s12).
adjusted net gains In capital gains tax, the total of taxable amounts of chargeable gains
less any deductions for reliefs and allowable losses, plus allowable
losses in the current year (Taxation of Chargeable Gains Act 1992
s3(5B)-(5C)).
If the gains have accrued to others but may be attributed to the
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adjusted net income Amount of a person’s net income as adjusted to the amount subject to
income tax (Income Tax Act 2007 s58).
This broadly comprises taxable income less allowable payments to
pension funds and Gift Aid donations. If a taxpayer is entitled to an age
allowance, this is reduced by £1 for every £2 by which adjusted net
income exceeds a stated figure until the personal allowance is reached.
From 6 April 2010, adjusted net income is also used to reduce the
personal allowance for taxpayers who earn more than £100,000 a year.
adjusted present value Calculation of the all-equity net present value of an investment or
project after adjustments for other factors, such as taxation.
adjusted profit Net profit, as taken from the profit and loss account and amended to
give the figure which is subject to income tax or corporation tax.
The usual steps in calculating adjusted profit are:
● add back depreciation;
● add back deductions for items which are not tax-deductible
such as personal expenditure and most entertainment.
There are also some items where the methods of valuation may
differ, such as personal use of stock under the Sharkey v Werner rules,
the extent to which a loss may be reflected in long-term work in
progress, and methods of stock valuation.
A business may be able to claim capital allowances in lieu of
depreciation.
adjusted strike price An exercise price which requires adjustment for an unexpected reason,
such as a share split.
adjusting entry An entry made in the accounts to correct a mistake in a previous entry.
It is good practice to do this by making two entries: one which
reverse the incorrect entry and one which is what the entry should have
been.
adjustment (1) Process of changing an amount to bring it into line which the figure
calculated using different rules, such as adjusting accounts prepared
under one accounting convention to those prepared under another
convention.
(2) Process of settling an insurance claim.
adjustment bond Bond issued in exchange for other bonds during financial reconstruction
of a business.
adjustment income Income which may be added to taxable income when there is a change
of accounting date.
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Administration Act In social security legislation, Social Security Administration Act 1992.
administration levy Amount which the Pension Protection Fund may levy on pension
funds under Pensions Act 2004 s117.
administration of estates Looking after someone else’s property – one of the duties of an
executor.
administration order Court-overseen debt management plan when indebtedness does not
exceed £5,000. The order usually requires payments in instalments.
administrative tribunal Body established under an Act of Parliament to hear claims arising
from the administration of legislative schemes, particularly relating to
welfare.
(2) Person who administers the state of someone who died without
leaving a valid will.
administratrix Female administrator of an intestate estate. This word is not used for
other meanings of “administrator”. The plural is “administratrices”.
admissible asset This term has specific meanings in relation to solvency of insurance
businesses and to members of Lloyd’s.
admissible value Figure used to determine the tax liability of a non-profit insurance
company. The term is defined in Finance Act 1989 s83YA.
admissibility of records Rules about what records may be admitted as evidence in civil
proceedings in court. This is largely determined by Civil Evidence Act
1968, amended in 1995.
ad nauseam Latin: to the point of producing disgust. The term is commonly used for
a point which is tediously repeated.
adopted child Person who has been brought by adoptive parents rather than their
natural parents.
adoption Legal process by which a person or couple assumes parental rights and
duties for a child. The natural mother and father then lose their parental
rights. Adoption is now governed by Adoption Act 2002 or for Scotland
Adoption and Children (Scotland) Act 2007.
A child may be offered for adoption from the age of six weeks,
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though the child may live with the prospective adopters before then.
The adoption takes place when the adoption order is granted, which is
at least three months after being requested.
The UK recognises overseas adoptions which are in accordance
with the Hague Convention. This requires the adoption to be in a
country on a list of designated countries.
Adoption first became legal in the UK under Adoption of Children
Act 1926. An adopted child now has the same rights as a natural child
and can inherit property on the same basis, except that an adopted child
cannot inherit a hereditary title.
An employee who adopts may be entitled to adoption leave and to
statutory adoption pay.
It should be noted that the natural mother of an adopted child is still
entitled to claim statutory maternity pay and maternity leave if she
meets the other conditions, even though another person claims statutory
adoption pay and adoption leave in respect of the same child. A woman
does not have to disclose to an employer that she has given up her child
for adoption.
adoption agency Organisation which deals with arrangements for adopting children.
Such an agency must be either a local authority or an approved body.
adoption allowance Sum which may be paid by an adoption agency to assist new parents
looking after their adopted children. Generally adoptive parents are
expected to pay for the costs of the children on the same basis as natural
parents, so allowances tend to be restricted to special cases.
Adoption allowances are not subject to income tax (Income Tax
(Trading and Other Income) Act 2005 ss744-747). They are also
disregarded for some social security benefits, such as income support.
adoption by arms Ancient practice of giving arms to a person to make them your
champion and defender.
adoption order Order from a court whereby parental rights pass to adoptive parents
from the natural parents. The date of this order can be important to
establish entitlement to adoption leave and statutory adoption pay.
adoption pay period Period for which statutory adoption pay is payable (Social Security
Contributions and Benefits Act 1992 s171ZN(2)).
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adoptive act Act of Parliament which only takes effect when adopted by another
body or by sufficient votes.
adoptive parent Individual or one of a couple who have legally adopted a child.
adult at risk Adult in Scotland who is unable to safeguard his or her own well-being,
us at risk of home and are more at risk than other adults because of
disability, mental disorder, illness or physical or mental infirmity (Adult
Support and Protection (Scotland) Act 2007 s3(1). There are certain
powers to intervene in such a person’s affairs when this is necessary for
the person’s welfare.
April 2010.
adult gaming centre “Premises in respect of which an adult gaming centre premises
licence has effect” (Gambling Act 2005 s237).
adult placement A scheme similar to fostering but for adults. It is now known as shared
lives caring.
adults’ barred list List kept by the Independent Barring Board of people not allowed to
work with vulnerable adults (Safeguarding Vulnerable Groups Act
2006 s2(1)).
adult’s nearest relative Person in Scotland who may authorise the removal of any organs from
a deceased adult for transplant when the deceased has left no
authorisation (Human Tissue (Scotland) Act 2006 s7).
ad valorem duty Duty expressed as a percentage based on the customs value of the
goods, eg 10% ad valorem means that the duty payable is 10% of the
customs value of the goods.
advance Any provision of funds from one party to another on the assumption
that the funds will be repaid or otherwise accounted for. The term is
commonly used:
(a) for an advance on salary paid to an employee, such as an
employee who is about to incur expenses. is changing from weekly to
monthly paid, or who is in financial difficulties; or
(b) the process by which a lender passes funds to the borrower.
The usual payroll treatment is to ignore the advance when paid and
when repaid, so income tax and national insurance is calculated on the
normal pay. In other words, advances are made to and repaid from net
pay.
If the advance is for more than £5,000 and is not for necessary
expenses, it may be taxable as an employment-related loan (Income
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advance freight Charge made by a ship owner for carrying goods from port to port. This
charge is collected before the goods are delivered. They are intended to
cover the loading costs of the ship.
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advance payment Payment for goods or services before they are received.
In VAT, an advance payment creates a tax point which triggers the
liability to VAT.
The advance need not be for the whole amount; it is sufficient that a
part-payment is made. So where a deposit is paid, such as for building
work, that triggers the VAT liability for the whole of the work.
However if it is intended that the deposit be repaid in full, such as when
a deposit is taken to be repaid when hired goods are returned in good
condition, the deposit dos not create a tax point.
In banking, the term means a payment to uninsured depositors after
a bank fails to meet its obligations.
advance refunding Technique once used by US Treasury whereby holders of bonds which
are about to expire are offered attractive terms to borrow again.
advance sheet American term for a law report which is produced in pamphlet form
before being bound in a reference book.
advance underwriting Description of a system used for underwriting members of some group
pension schemes.
Once an underwritten member is accepted for insurance at 'ordinary
rates', they may increase their cover by a predetermined percentage in
any year without the need for further underwriting.
advance funding Payment from HMRC towards statutory sick pay where other PAYE
payments are insufficient to cover the cost under the percentage
threshold scheme. Application is made on-line to HMRC. This
provision is rarely used.
advancement of religion One of the bases for which an organisation may acquire the legal status
of a charity.
Under Charities Act 2005, the organisation must also demonstrate
public benefit.
advantages of Revenue Method of recording revenue for accounting and tax purposes. The aim
is to produce consistent methods wherever possible to maintain
comparability and comprehensibility.
ad ventrum inspiciendum Latin: to inspect the belly (to see if a woman is pregnant).
adversarial system System of law where each side is represented by an advocate. This is
the basis of the English and American system. The alternative is the
inquisitorial system where the court enquires into the truth. This is the
basis in much of Europe, and in Britain of the coroner’s court.
adverse opinion An audit report which states that the records are not a true and fair
view of the company’s position, or that they do not comply with the
Companies Act.
adverse possession Occupation of land which is inconsistent with the rights of the true
owner.
adverse variance Difference between a budgeted or forecast figure and the actual figure,
where the difference indicates a worse than desired result.
adverse witness Witness giving evidence against the person questioning him. The term
hostile witness is now more common.
advert Advertisement.
advertisement Any notice which is designed to encourage readers to buy the product
or service advertised.
advertisement hoarding For capital gains tax, the erection of such a hoarding is not in itself a
material development of land (Taxation of Chargeable Gains Act 1992
Sch 2 para 13(1)(d)).
advertising elasticity Change in sales income which results from a change in spending on
advertising.
advertising launch costs The extent to which such expenditure is capital or revenue is discussed
in the Inspectors’ Manual at BIM 42551.
advice Any form of suggested action given by one person to another. Advice
differs from information in that the former is tailored to the person’s
circumstances.
In finance, this distinction can be important as only an authorised
adviser may give financial advice whereas anyone may provide
information.
In counselling, advice is usually avoided. A counsellor or mentor
usually tries to get the person to work out his or her own solution.
advice agency Body which dispenses advice, usually free legal and similar advice. The
Citizens Advice Bureau is a good example.
advice and consent Requirement of the American Constitution for the President to obtain
the advice and consent of two-thirds of the Senate before making
treaties or appointing senior judges.
advice note Document sent to confirm that goods have been shipped to the
customer. The advice note is often sent with the goods.
An advice note is not an accounting document as such, though it
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advice of acceptance Acknowledgment from a collecting bank confirming that the funds
have been received. The advice also gives details of charges made.
advice on evidence Opinion of junior counsel after pleadings have been closed as to which
witness should be called and which documents should be submitted in
evidence.
ad views or impressions In marketing, the number of times a specific advertisement has been
displayed on a computer.
advised line of credit Confirmation by a bank or other lender of what credit line is available
to a specific customer.
advised through Statement in a letter from an advising bank that funds have been
received from a customer on a letter of credit. The letter does not
guarantee that payment will be made.
advising bank Bank in an exporter’s country that informs the exporters that a letter of
credit has been opened with a foreign bank.
advisory board Group which gives advice to a leader or leadership team but cannot
make decisions. A decision-making board is known as an executive
board.
advisory broker Broker who also provides clients with advice about investments.
advisory committee Committee which gives advice to management but has not executive
powers to make decisions itself, unlike an executive committee.
advisory funds Funds deposited by a client with a financial institution which may
invest the funds as it sees fit.
advisory opinion American term for a formal opinion given by a judge to a question
asked by a legislative body.
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Advocate General Member of the European Court of Justice whose function is to present
opinions on cases brought before it. In practice, the court usually
follows the Advocate General’s view.
AER Annual Equivalent Rate and usually specifies the interest paid from
current, deposit or savings accounts. This new term replaces CAR
(Compound Annual Rate) which denoted much the same thing.
aerial photograph For VAT, this is not regarded as a map and therefore is not zero-rated
under Value Added Tax Act 1994 Sch 8 Group 3, according to VAT
notice 701/10.
aerodrome “Any area of land or water designed, equipped, set apart or commonly
used for affording facilities for the landing and departure of aircraft”
(Customs and Excise Management Act 1979 s1(1)).
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affidavit Statement which is written, signed and sworn of facts which the
deponent is generally able to prove from his own knowledge. An
affidavit accordingly carries more weight than a simple statement.
affinity card Credit card or similar that is branded with the name of a business or
other organisation that usually receives a small commission on the
card’s use. The position for affinity cards provided by a charity are
explained in VAT notice 701/1.
Affluent Worker studies Name given to studies conducted in the 1960s at Vauxhall Cars, La
Porte Chemicals and Skefco Engineering.
In general, the workers thought well of their employers in terms of
being paid fairly, but there was little job satisfaction.
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after market Another name for a secondary market. This is a market which sells
existing shares and other securities, rather than just new ones. The
London Stock Exchange and most stock exchanges are secondary
markets.
after sight Words added to a bill of exchange to indicate that the period for
payment is any time after the drawee is presented with it for acceptance.
after-tax basis Description of a calculation where figures used are after tax has been
deducted.
A-G Attorney-General
age Time which has passed since a person was born or something was
created. Sometimes this is referred to as chronological age to
distinguish it from other meanings.
A person’s age starts from the beginning of the anniversary of birth.
So someone born at 10am on 1 January 2000, celebrates their 18th
birthday at 0:00am of 1 January 2018. The law does not recognise parts
of a day.
The term age is sometimes multiplied by a factor to give an answer
which measures an equivalent to chronological age. For example,
reading age and mental age multiply the chronological age by a factor
to say that an individual has the relevant ability of an average person of
that chronological age.
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age exemption Additional allowance for older taxpayers which applied before 1973
when it was replaced by age allowance.
age of consent Age when a person may agree to something, particularly to marry or
have sexual relations. In the UK, the age is 16 (though with parents’
permission for marriage under 18).
age of majority Age at which a person may vote. Since 1970 this has been 18 in the
UK.
age relief Another term for age allowance for income tax.
age-related payment Single payment made only in 2004 to people aged over 65 to assist
them with payment of their rates (Age-Related Payments Act 2004).
aged debt analysis Analysis of one’s debtors according to the age of the debt. The older the
debt, the less likely it is that it will become paid.
Typically the analysis is for current month, one month, two months,
three months, and more than three months. The credit control action
depends on the age of the debt.
In companies where customers enjoy significantly different
settlement terms, it is more helpful to age the debts according to how
far they have exceeded their terms.
ageing schedule Breakdown of debtors according to when they should have been paid. It
is also known as an aged debt analysis.
agency bank Bank which does not accept deposits but acts as an agent for another
bank, usually a foreign bank.
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agency bill Bill of exchange drawn on the local branch of a foreign bank.
agency broker A dealer who works as agent for an investor, usually in return for
receiving a commission from the businesses in which he invests.
agency contract “A contract made between the worker and the agency under the terms
of which the worker is obliged to personally provide services to the
client” (Income Tax (Earnings and Pensions) Act 2003 s47(1)).
agency law Law which regulates the conduct of agents, those who act on someone
else’s behalf, known as the principal.
The main elements of agency law are:
● the agent binds his principal;
● someone who purports to act as agent without authority is
regarded as the principal and becomes personally liable;
● the agent may only act within such authority as granted by
the principal;
● the agent must perform those duties himself (except that
incidental duties, such as typing, may be delegated);
● the agent may not make a secret profit.
Once an agent has performed the duties of the agency, the principal
resumes his position and may sue or be sued on whatever has been
concluded by the agent.
The main types of agency are universal agents who may act for the
principal in all matters, general agents who may act for particular types
of transaction, and special agents who may act only for a specific
transaction.
In some cases, a person may act as agent of necessity without
explicit instructions from the principal.
agency loan Loan available for local authorities, particularly from the European
Investment Bank.
agent Someone who acts on behalf of another in accordance with agency law.
agent authorisation In tax, the process by which an agent is authorised to deal with HMRC
in respect of another person’s tax affairs. This is most easily addressed
by completing a form using the online service, or completing form 64-
8.
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Agent Dedicated Line Telephone number provided by HMRC which is restricted to agents
who deal with clients’ tax affairs.
agent of necessity Person who pledges the credit of a principal out of simple necessity,
such as when a ship’s captain sells cargo to buy needed fuel.
aggregate (1) Total of separate items. For example, incomes may be aggregated
for income tax purpose, or to see if class 1 national insurance should be
deferred.
(2) Rock, stones and similar on which aggregates levy is payable.
aggregates levy A tax on the commercial exploitation in the UK of rock, sand and
gravel, including the spoil, waste and by-products from certain
industrial processes.
It was introduced by Finance Act 2001 with effect from 1 April
2002.
aggressive accounting Accounting where the figures are manipulated to achieve a desired
result. The figures are usually produced within the letter of accounting
rules.
aggressive tax avoidance Informal term for artificial tax avoidance that defies HMRC
interpretation of tax law. Such avoidance is likely to be challenged by
HMRC. Even if the challenge is unsuccessful, it is likely that an
artificial scheme will be legislated against in anti-avoidance provisions.
agio This term, now rarely used, refers to a difference between two charges
or a charge made for conversion.
In particular it means either the turn, the difference in rates charged
by a bank in lending and borrowing, or a charge made for converting
money from one currency to another.
agister Person who looks after cattle or horses on his own land for payment.
agistment Looking after cattle or horses on one’s own land for payment.
agreed-value policy Insurance policy where the sum payable is stated in the policy
agreement.
agreement corporation In USA, a corporation that enters into an agreement with a state
authority to engage in specific acts. Such corporations are common in
USA. See also Edge Act Corporation.
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agreement for a lease Contract to lease property, for which there are some special legal
provisions.
Since 27 September 1998, a contract for a lease of up to three years
may be made orally or in any written form. A contract for a longer
period must be formally in writing, failing which the contract is void
and cannot be evidenced by part performance.
For stamp duty land tax, a contract for the grant of a lease (Finance
Act 2003 Sch 17A paras 12A-12B).
agricultural component Customs charge applicable to imposed goods processed from certain
basic agricultural products.
agricultural co-operative There are special tax provisions in Corporation Tax Act 2009 from
s499. In particular distributions are not taxed as dividends.
agricultural estate Estate largely comprising agricultural property. Such an estate may
attract agricultural property relief from inheritance tax.
agricultural holding “The aggregate of the land (whether agricultural or not) comprised in a
contract of tenancy which is a contract for an agricultural tenancy”
(Agricultural Holdings Act 1986 s1(1)).
The inheritance tax implications are discussed in the Inspectors’
Manual at IHTM 24220.
agricultural land Land used for agriculture, as set out in Agricultural Holdings Act s1(4).
It includes arable meadows, pasture, cottage gardens, orchards,
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agricultural products There are special tax provisions for marketing authorities and similar
bodies that supply such products in Corporation Tax Act 2009 from
s153.
agricultural property Property used for farming. It comprises land used for growing crops or
intensive rearing of animals for food consumption. It includes farm
buildings, including farmhouses and farm cottages.
The grant of a tenancy of agricultural property in the UK, Channel
Islands or Isle of Man is not a transfer of value for inheritance tax
purposes (Inheritance Tax Act 1984 s16). Finance Act 2009 s122
extends the relief to property anywhere in the European Economic
Area.
agricultural society “Any society or institution established for the purpose of promoting the
interests of —
(a) agriculture,
(b) horticulture,
(c) forestry, or
(d) the breeding of any kind of animal”
(Corporation Tax Act 2010 s989(2)).
The profits of such a society are exempt from corporation tax (ibid
s989(1)).
agricultural tenancy A tenancy granted for agricultural purposes for full monetary
consideration in the UK, Channel Islands or Isle of Man.
The implications for inheritance tax are discussed in the Inspectors’
Manual at IHTM 04230.
The tax provisions for compensation to quit such a tenancy are
discussed in IR Interpretation 138.
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agricultural tractor Category of road vehicle indicated as category F on the driving licence.
agricultural value The value of a property if it could only be used for farming.
agricultural workers Those who work on farms. Agricultural workers must be paid the
minimum wage set by the Agricultural Wages Board. This is the last of
many wages boards established in the 20th century. The Board also sets
minimum working conditions.
Agricultural workers must also be paid the national minimum
wage.
Ahmedabad principle Principle that a prior year adjustment must make the same adjustment
to the prior year and the subsequent year. The name comes from the
case Ahmedabad Bombay Commissioners of Income Tax v Ahmedabad
New Cotton Milles Company Ltd [1929] 8ATC574. The matter is
discussed in the Inspectors’ Manual at BIM34030.
aid Assistance or help of almost any kind, including giving money or other
financial help.
aid tying Practice whereby a donor country provides aid to a poor country to buy
goods from the donor country.
aide pur fille marier A form of scutage levied in 1167 and 1245 to marry off the king’s
daughter.
aids Payment once made by a feudal tenant for a specific purpose such as
marrying the lord’s eldest daughter.
AIFTA Anglo-Irish Free Trade Area. This has been replaced by the EU.
AIM shares Shares that are traded on the Alternative Investment Market.
air Mixture of gases which provide the atmosphere over the earth, and
which include oxygen which sustains life.
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air consignment note The equivalent of a bill of lading when goods are sent by air.
The note is not a document relating to the title of the goods, but a
copy of the consignment contract.
air cooling For capital allowance purposes, is treated as an integral feature, which
means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
air fares If between the UK and another country, they are zero-rated under Value
Added Tax Act 1994 Sch 8 Group 8.
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air purification For capital allowance purposes, this is treated as an integral feature,
which means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
airport Place where aircraft land to collect and deliver goods or passengers.
For Customs purposes, goods may only be imported at an approved
airport. It is an offence to import goods elsewhere.
airside The strictly controlled area of an airport from which goods may not be
removed without Customs authority.
airspace Right to use the air above land. Under English law, this right belongs to
the freeholder of the land. An unsuccessful attempt to divorce this right
from the land was made in the case Rolfe v Wimpey Waste Management
Ltd [1989] 62TC399. The case is discussed in the Inspectors’ Manual at
BIM35605.
air transfer When a person arrives in the UK to transfer to another flight to take
them to another destination in the UK or EU. Such a person only needs
to declare goods in hand language to Customs.
without a licence.
The strength of alcohol is now measured by the system known as
alcohol by volume (abv) which states how much of the volume of
liquid is pure alcohol. This replaces the old measure of proof spirit.
For licensing purposes alcohol includes all spirits, wine, beer, cider
and similar with exceptions for alcohol below 0.5% strength, meths,
Angostura bitters etc (Licensing Act 2003 s191(1)).
alcohol allowance Amount of alcoholic drink an individual may personally import from a
non-EU country without having to pay any additional taxes. From 1
January 2010, it is basically either one litre of spirits or two bottles of
wine, plus 16 litres of beer and 4 litres of still wine.
alcohol by volume (abv) Method of measuring the strength of alcoholic liquor to determine how
much excise duty is payable. It replaced proof spirit in 1993.
It simply states how much of the liquid is pure ethyl alcohol
according to the volume of liquid. This is a lower percentage than the
volume by weight as alcohol as a lower density than water.
alcoholic ingredients Spirits, beer, cider, perry, wine and made-wine used in the manufacture
of certain products, such as vinegar, beverages of low alcoholic strength
and some chocolates and foodstuffs.
If the finished product is eligible, the excise duty paid on the
alcoholic ingredients can be reclaimed by the manufacturer.
alcoholic liquor Any potable liquid which contains sufficient quantity of ethyl alcohol
(also known as ethanol). The drink usually requires a strength of at least
1.2% abv. Lower amounts, as sometimes found in shandy or ginger
beer, are not regarded as alcoholic liquor.
Alcoholic liquor is subject to the excise duty known as alcoholic
liquor duty. This duty was first imposed in 1660. It is also subject to
VAT at the standard rate.
Non-potable liquids containing ethyl alcohol (such as industrial
alcohol or methylated spirits) are not subject to this duty but may be
subject to Customs procedures to ensure that duty is not avoided.
The duty is collected according to whether the drink is spirits,
wine, beer or cider. Before 15 March 1988, there was another category
known as made-wine.
alco-pops Alcoholic drink made from spirits which are flavoured and sweetened
by fruit juices. They first went on sale in 1996. They are officially
known as flavoured alcoholic beverages (FABs).
Between 1 January 1997 and 26 April 2002, alco-pops were subject
to excise duty for alcoholic liquor as a made-wine. From 27 April
2002, alco-pops are excised as spirits.
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ale A drink produced by brewing using yeast. If hopes are used, the drink is
beer. If the alcoholic strength is more than 0.5%, ale is subject to beer
duty.
alert box In computing, a window which appears to warn the user of an error or
potential error.
alien Foreigner who owes no allegiance to the British Crown, though this
term is now little use. The term is defined in British Nationality Act
1981 effective from 1 January 1983.
The law further divides aliens into enemy aliens and friendly
aliens.
alien poll tax A small additional poll tax on aliens levied between 1440 and 1443.
alignment Process of bringing two things together. In tax, the term is used in such
contexts as aligning the upper earnings limit for national insurance
with the threshold for higher rate income tax.
aliment Payment for nourishment and food. The word also means the
nourishment and food itself.
alimentary trust Trust which is established for the purpose of protecting the
beneficiaries.
alimony Old term for payment a man made to support a former wife. This is now
simply called maintenance.
alio intuitu Latin: with a motive other than the ostensible and proper one.
All England Law Reports One of the two official series of law reports for the whole of England.
The other is the Weekly Law Reports (WLR).
The series was started in 1936 and is still published.
The citation for cases in these reports takes the form Pepper v Hart
[1993] 1 All ER 42. This means that the case between Pepper and Hart
can be found in volume 1 of the 1993 All England Law Reports,
starting at page 42.
All ER All England Law Reports. This is one of two official series of law
reports; the other is the Weekly Law Reports (WLR). These reports
were started in 1936 and are still published.
allied headquarters staff Such staff are generally exempt from UK taxation (Taxation of
Chargeable Gains Act 1992 s11; Income Tax (Earnings and Pensions)
Act 2003 s303; Income Tax Act 2007 s883).
alligator spread Options spread where any possible gain is eaten up by commission.
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all-in-one printer Term used for a piece of computer equipment which combines several
functions, typically printer, scanner, copier and fax machine.
all-in price Price which includes related expenses, such as tax, delivery and
insurance.
allocate Assign a whole item of revenue or cost to a cost centre, account or time
period.
allocated costs Overheads which have been allocated to a particular cost centre.
allocation of cases For tax tribunals, process for determining how the case will be heard.
The process is set out in The Tribunal Procedure (First-tier Tribunal)
(Tax Chamber) Rules SI 2009 No 273 rule 23.
The case may be a default paper case, basic case, standard case
or complex case.
allocation rate Amount of pension payment which is actually paid into the pension
fund. For example, a 70% allocation rate for a payment of £500 means
that only £350 is applied to the fund with the remainder paying charges
and providing profit for the pension provider.
Some schemes have very low allocation rates (such as 30%) in early
years but have rates above 100% at the end of the scheme. Some newer
schemes offer very high allocation rates, such as 107%, in early months
as a loss leader¸ but with lower allocation rates later.
allodium Land which is not held by any lord or superior person, and where the
holder therefore has absolute property rights.
all or none Instruction that no part of an order to buy or sell securities may be
executed unless the whole order is executed.
all or nothing option Binary option which has either a significant value or no value.
allotment Process of allocating new shares to those who subscribe for them,
usually against a prospectus. If the demand for shares exceeds the
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allotment letter Notification of how many shares have been allotted to a subscriber of
new shares. The allotment is either the full number applied for, or a
reduced allotment. An allotment letter is also known as a share
allotment form. The allotment letter is exchanged for a share
certificate or contract note.
allotted share capital “Shares of a company that have been allotted” (Companies Act 2006
s546(1)(b)).
all-out strike Stoppage of work involving all employees and resulting for as long as
is necessary, as against a selective strike.
allowable expenses Expenses which an employee may deduct from taxable income.
allowable loss Loss which may be offset against a profit for tax purposes.
all-risks insurance Insurance policy that provides fill cover against almost all risks,
particularly in marine insurance.
all risks policy Insurance policy which covers every risk with no exceptions. In
particular it insures household items which are not on the premises.
all risks whatsoever Term used in marine insurance to cover a greater range of risks than the
usual all risks policy. The policy does not cover inherent vice and
delay, nor does it include inevitabilities which are not risks.
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alluvion Land gradually gained from a river or sea by washing up of sand, stones
and similar material.
alluvium Deposits of sedimentary material along a river bank or coast which adds
to the size of land.
Almighty Dollar US dollar seen in reverential terms as the power of money. The term
was first used by Washington Irving in 1837.
almond oil This is generally zero-rated for VAT as food. Bitter almond oil is
standard-rated.
alpha coefficient Element of share price movements which applies to shares generally, as
opposed to movements which relate to a specific share, known as the
beta factor.
alpha shares Term once used to describe the most commonly traded shares on a
stock exchange.
alpha stocks Term used between October 1986 and January 1991 to describe the
most actively traded securities on the London Stock Exchange. It was
the most active of four categories, of which the others were predictably
beta, gamma and delta.
Since January 1991, the term has been replaced by the normal
market size (NMS) measure.
the original figure is still legible, and the revised figure and reason for
the revision are made known.
alteration of share capital An increase, reduction or other change in the share capital of a limited
company.
Such an alteration is only legal if permitted by the company’s
articles of association. The relevant company law is found in
Companies Act 2006 s617 onwards.
alternate director Person who may act as a temporary replacement for a director. This
arrangement usually requires a specific provision in the articles of
association and agreement of the other directors for a particular person
to act.
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alternative finance return Total return made from alternative finance arrangements.
For capital gains tax, the law is found in Taxation of Chargeable
Gains Act 1992 from s151P.
alternative investments Term used for investments outside the usual range of savings and
investment products.
Typically they are in tangible assets such as wine, coins, jewellery,
art, classic cars etc. Great care needs to be exercised in alternative
investments as usually only the best quality examples even hold their
value against inflation, and specialist knowledge is usually needed in
the assets collected. Many alternatives do not provide any income, only
capital gain.
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alternative proportion For corporation tax, term used in relation to distributions on shares with
limited rights (Corporation Tax Act 2010 s170).
alternative work Work other than that which an employee normally does but which is
offered when the employee cannot do his or her normal work.
An employer should try to make such an offer to avoid the
employee being made redundant or being suspended on maternity
grounds (Employment Rights Act 1996 s67).
a majori [ad minus] Latin: from the greatest [to the least].
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amalgamation Process of putting things together, such as when two bodies combine to
make one larger body.
The term is usually restricted to non-commercial bodies such as
trade unions and professional bodies. For commercial bodies, it is more
common to talk of a merger.
amani Gold coin issued by Afghanistan, that may be a gold investment coin
for VAT purposes.
ambulance Vehicle that is specially designed for the transport of the sick or injured.
Such a vehicle is exempt from VAT.
VAT notice 701/1 states that the ambulance must have a lift or ramp
to raise a person on a stretcher, and have clamps to secure a person in
transport. An ambulance does not have to be a road vehicle, so a
suitable helicopter or boat may qualify.
The use of an emergency car used as an ambulance is (from 6 April
2004) is not a taxable benefit in kind (Income Tax (Earnings and
Pensions) Act 2003 s248A).
a mensa et thoro Latin: from table and bed. Description of a judicial separation of a
married couple.
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amercement Financial penalty imposed in Middle Ages that served a similar purpose
to taxation.
American option Option which may be exercised at any time up to the expiry date,
whereas most options in Europe may only be exercised at or after
expiry date.
American style option A traded option but where the buyer can exercise the option any time
before the expiry date.
Amicable Grant Wealth tax imposed in 1524 after a war with France.
amicus curiae Latin: friend of the court. A person who gives advice to the court on
any matter in doubt.
a minori [ad majus] Latin: from the less [to the greater].
ammunition Customs may seize any ammunition brought into the country.
amortization Any process whereby one sum is spread over several areas.
Depreciation is a form of amortization, as it spreads the cost of a
fixed asset over several accounting periods.
Absorption costing is another form as this allocates overheads to
units of production.
Amortization is also used as the term for the annual charge of
writing off acquired goodwill. For corporation tax, goodwill may be
amortized at 4% a year on the straight line basis.
The term can also be used to mean repayments of a loan.
amortization schedule Schedule which summarises the dates on which amounts must be paid
against a loan.
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amortizing collar Upper and lower limits on interest rates for a reducing principal of a
loan.
amortizing option An option in which the notional principal reduces over the life of the
option,
amortizing swap option A swap option in which the notional principal reduces over the life of
the swap option.
amount at risk (1) In investment, the difference between the forced sale value of a
lender’s security and the principal owed to the lender,.
(2) In insurance, the amount of an insured risk which is not covered by
the insurer’s reserves allocated to such risks.
amount realized American term for a profit or loss realised from trading.
amounts differ Words written on a cheque which cannot be honoured because the
amount expressed in words and the amount expressed in numbers do
not agree.
amusement machines Most types of amusement machine (fruit machines, video games,
pinball machines and quiz machines) require licences. There are
exemptions for some types of machine.
For VAT purposes, it is a machine “in which there is no prize in any
circumstances, or the prize is dependent purely on the player’s level of
skill or knowledge such as quiz machines” (VAT notice 701/13). They
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analytical estimating Estimating something from adding estimates of its parts, such as
estimating the time for a job by estimating (or guessing) the time for
each element.
ancestor Person from whom someone is descended through either the paternal of
maternal side. Some tax and other law refers to ancestors.
anchor store Major retailer who brings customers to an area who then spend money
in other outlets. The term is widely used in town planning.
anchor unit Town planning term for a significant retail development which attracts
smaller retailers to an area. An anchor unit is usually one of the major
supermarkets.
ancient lights Legal principle that if light has been enjoyed by a building for at least
20 years, nothing may be built which removes that right. It was
formalised in Prescription Act 1832. The right is a form of easement.
ancillary credit business Business which includes credit brokerage, debt adjusting, debt
counselling, debt collection, credit reference and similar.
ancillary jurisdiction In USA, jurisdiction assumed by federal courts beside those of district
courts, particularly when used as a matter of convenience to litigants.
ancillary relief Relief sought by a defendant in addition to the main relief, such as
requesting an injunction to prevent further loss in addition to damages
for the main loss.
ancillary trade Second trade that may be regarded for tax purposes as a separate trade,
even though it supports the main trade.
A leading case on this is Reid’s Brewery Co Ltd v Male [1891]
3TC279. This held that a brewery carried on an ancillary trade of
lending money to its tenants. Accordingly expenses of money-lending
were tax-deductible as a revenue expenses. The matter is discussed in
the Inspectors’ Manual at BIM37753.
Anderson, Sir John English politician (1882-1958) who was Chancellor of the Exchequer
from 24 September 1943 to 26 July 1945 under the coalition
government of Winston Churchill. He was elected as a non-party
politician by the Scottish Universities.
Before becoming Chancellor, he was Lord Privy Seal, in which role
he developed the Anderson air-raid shelter named after him.
and his heirs Term added to wills, deeds and other documents to indicate that the
rights of a person pass to his descendants if the person dies before he
can inherit.
Andorra A small principality between Spain and France, governed jointly by the
President of France and Bishop of Urgell.
Andorra is not a member of the European Union but has various
special agreements. These includes being part of the mutual assistance
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angel Private investor who invests in a business which is too small to attract
investment from venture capital sources or banks. Angels fill the
equity gap for such businesses.
For income tax, angels may be able to claim their investments as
trading profits or losses under extra-statutory concession A94.
Anglo-Brewing Tax principle that a payment for winding up a business is not deductible
from trading profits.
The name comes from the case Anglo Brewing Co Ltd [1925] 12
TC 803. It is discussed in the Inspectors’ Manual at BIM 42955.
animal Any creature that breathes and is not human. The term includes birds,
insects, fish, mammals and reptiles.
For VAT purposes, live animals are zero-rated if:
● used as food for human consumption;
● yield food for human consumption; or
● produce food for human consumption.
Thus pigs, cows and bees are zero-rated.
Animals for other purposes, such as pets, racing pigeons and work
horses, are standard-rated. Details are given in VAT notice 701/15.
For Customs purposes, pet animals may only be brought in with
travellers if they either comply with the PETS scheme or are
quarantined upon arrival. Pet birds must be licensed by Animal Health.
Endangered species may generally not be imported unless the holder
has a CITES permit.
There are some special tax provisions for farm animals.
animal food Term used in VAT notice 701/15 in determining what items are
standard-rated.
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Ankara agreement Agreement reached in 1995 which ensures that no customs duties or
other import taxes are charged on goods exported between Turkey and
the European Union.
annates First fruits. At various times in history these have been payable as a tax
to the Pope, the Crown or to Queen Anne’s Bounty. All these
provisions were ended on 16 July 1926.
anniversary rate Rate of inheritance tax used for the most recent ten-yearly charge
payable by certain trusts. This rate is used to calculate the exit charge
for such trusts. This is done by multiplying the anniversary rate by the
number of quarters (three-month periods) that have elapsed since the
ten-yearly charge was last paid, and dividing by 40.
anno Christi Latin: in the year of Christ. This is the same as anno Domini.
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anno Domini (AD) Latin: in the year of our Lord. The current system of dating years.
annual accounting VAT scheme whereby a trader may elect to make one VAT return a
year. The trader makes nine monthly payments by direct debit, each of
which is equal to 10% of estimated annual VAT. Within two months of
the end of the year, the trader must make the return and pay the balance.
There is an upper threshold above which the scheme may not be used.
There is a separate scheme known as lower limit annual accounting.
annual accounts Financial statements which a body is required to produce each year.
annual accounts “(a) the company’s individual accounts for that year...., and
(b) any group accounts prepared for that year....” (Companies Act 2006
s471(1)).
annual allowance charge Tax imposed on pension contributions in a tax year which exceed the
annual allowance for that year. Since its introduction on 6 April 2006,
the rate of tax has been 40%.
“A charge at the rate of 40% in respect of the amount by which the
total pension input amount for a tax year in the case of an individual
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annual budget Budget for a year, usually determined by adjusting figures for previous
year.
annual depreciation Amount by which fixed assets have been written down during the year
in the annual accounts.
annual exempt amount For capital gains tax, an amount of gains up to which no tax is payable
(Taxation of Chargeable Gains Act 1992 s3).
The amount is usually revised every year in the Budget.
annual exemption An amount which may be deducted from annual profits when
calculating capital gains tax.
An amount that may be given to individuals each year free of
inheritance tax (Inheritance Tax Act 1984 s19(1)). This limit has
remained at £3,000 since the tax was introduced in 1986. Any unused
exemption may be carried forward for one year only. If more than
annual exemption is given away in a tax year, the exemption is applied
in date order until exhausted.
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annual fee Any sum a person is required to pay once a year. It is commonly
charged for providing a financial service such as for a life insurance or
pension. Depending on the financial service, the annual fee is usually in
the range of 0.35% to 2%. An annual fee is sometimes called an annual
management charge.
annual limit In pensions, maximum amount a person may pay into a pension plan
during a tax year to qualify for tax relief. The annual limit is a figure up
to 100% of salary to a figure announced for each tax year.
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annual meeting Meeting held once a year. In the USA, this term is used in preference to
annual general meeting.
annual payments Payments of interest, royalties and similar. The extent to which income
tax relief may be claimed is set out in Income Tax Act 2007 s448.
Historically this was a much more generous relief, extending to
ordinary mortgage interest and to bank loans.
annual profits Profits that arise from a trade, profession, vocation or other income
previously assessed under Schedule D.
Despite the name, the profits do not have to relate to a year nor
recur each year. The term refers to the nature of the profits rather than
the period to which they relate. A fuller discussion is given in
BIM14060.
annual report Report which a company’s directors are legally required to provide each
year to its shareholders, or an equivalent report by any organisation.
annual return Document which all registered companies are required to submit to
Companies House.
annual subscription This may be tax deductible if paid to a professional body (Income Tax
(Earnings and Pensions) Act 2003 s344).
annual tax Description of income tax given in Income Tax Act 2007 s4.
Income tax is only charged if an Act of Parliament is passed each
year allowing it. Such an Act has been passed every year from 1842.
annual travel insurance Insurance policy that covers all journeys during a year. The policy
usually has a maximum length of trips of between 31 and 60 days.
annual value Term used in Income Tax (Earnings and Pensions) Act 2003 s110 in
calculating the notional benefit on which an employee may be liable to
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annual volatility Volatility is one measure used to assess the risk of a portfolio as it helps
to describe the likely range of returns achieved by the fund. In statistical
terms it is the standard deviation of the return distribution. Greater
volatility of monthly fund returns means that there is a wider range of
likely returns in the future, or greater uncertainty regarding the fund
return. Most investors would equate this greater uncertainty with
greater risk.
annual parties Annual parties and similar events provided by an employer are exempt
from tax up to a value of £150 per person attending (Income Tax
(Earnings and Pensions) Act 2003 s264). This includes Christmas
parties.
annual rental value In relation to accommodation provided to an employee, “is the rent
which might reasonably be expected to be obtained on a letting from
year to year if —
(a) the tenant undertook to pay all taxes, rates and charges usually
paid by a tenant, and
(b) the landlord undertook to bear the costs of the repairs and
insurance and other expenses (if any) necessary for maintaining the
land in a state to command the rent”
(Income Tax (Earnings and Pensions) Act 2003 s207(1)).
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annuity certain An annuity which makes payments for a fixed number of years even if
the annuitant dies. In effect, it is similar to the pension guarantee.
annuity contract Legal agreement by which a person exchanges a lump sum in return for
an annuity of regular payments for a defined period, often for the rest
of the person’s life.
annuity finance Loan that is repaid as a set of payments calculated by reference to the
principal and interest.
annuity rate Amount of income a pension provider will pay for a fixed amount of
capital.
Annunciation Day Another name for Lady Day, one of the quarter days.
another relevant person Term used by the Home Office’s UK Border Agency to mean an
individual responsible in the sponsoring body for people from overseas
who wish to work in the UK.
antecedents report List of a person’s criminal record which may be passed to a judge after
conviction but before sentencing.
ante-date Put a past date on a document. Depending on the context and reasons,
this may be illegal or improper.
anticipation of loss Principle of tax law that a loss (or a profit) may not be anticipated in
accounts.
This principle was upheld in such cases as BSC Footwear Ltd v
Ridgway [1971] 47TC495. However in some cases a provision for
future expenditure may be included in the accounts under accounting
standards, and therefore be allowable.
The matter is discussed in the Inspectors’ Manual at BIM31100.
anticipation of profit Profit that has not yet been earned. Such profits should not be included
as sales income and therefore are not generally taxable.
There is an exception for long-term contracts, where accounting
standards require an element of profit on work completed to be
included. This should be followed for tax purposes, as is discussed in
the Inspectors’ Manual at BIM40090.
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anticipatory breach Breach committed before the time of performance, particularly under a
contract.
It is possible to sue for breach of contract on an anticipatory breach
if the action makes subsequent performance impossible, such as when a
promise to sell a car on one day is pre-empted by selling the car to
someone else before that day.
anticipatory fetching Computer process where data are read before being required.
anticipatory hedge Hedge for a transaction which is expected to happen on a future date.
anticipatory paging Computer process where a page is read from auxiliary storage to real
storage before the latter requires it.
anticipatory pricing Pricing policy which allows for inflation when goods are to be
delivered in the future. Such policies have been adopted at times of high
inflation. It is also known as hedge pricing.
Anti-Corn Law League Body formed in 1839 to fight the Corn Laws.
These imposed heavy duties on imported wheat to protect the
domestic market. A consequence was that the price of this basic
commodity became unaffordable to ordinary people. The League
gained the support of some MPs who abolished the duties in 1842 and
recouped the lost revenue by the re-introduction of income tax.
anti-dilution clause Term sometimes included in a share issue designed to protect the
shareholder from risk of further share issues and hence dilution of
dividend income.
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anti-dumping duty (ADD) Customs duty on imports, providing protection against the dumping of
cheap goods in the European Union by foreign producers. The law is
contained in EU Council Regulation 384/96.
antique Can be relieved from customs and excise duties (Customs and Excise
Duties (General Reliefs) Act 1979 s9).
anti-trust laws Various American laws which seek to prevent corporations becoming
too big and powerful. In American terminology, “trust” means
“monopoly”.
The first such law was the Sherman Anti-Trust Act 1890. This was
followed by Clayman Act 1914.
Anton Piller order Order made by a High Court judge which allows a claimant to enter the
defendant’s premises to seize items which the defendant may wish to
destroy to frustrate a legal action. It is most commonly used for cases
alleging serious breaches of copyright. The name comes from the case
Anton Piller KG v Manufacturing Processes [1976].
Since 1988, this is known as a search order.
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APD Air Passenger Duty, a duty on the carriage of passengers by air from a
UK airport.
There are exemptions for: some non-paying passengers; certain
airline employees and small children; for flights in small aircraft; for
short-duration pleasure flights and for flights which originate at airports
in the Scottish Highlands and Islands.
apices juris non sunt jura Latin: legal principles must not be carried to their most extreme
consequences, regardless of equity and good sense.
a posteriori Latin: from the effect [to the cause]. Legal term used to denote
inductive reasoning. This is knowledge based on experience.
apparent authority When a person acts as if he has authority whether or not he has,
particularly when an agent so acts.
apparent possession The person who makes out a bill of sale for chattels is deemed to be in
apparent possession of any chattels on his property (Bills of Sale Act
1878 s4), “so long as they [the chattels] remain or are in or upon any
house, mill, warehouse, building, works, yard, land, or other premises
occupied by him, or are used and enjoyed by him in any place
whatsoever, notwithstanding that formal possession thereof may have
been taken or given to any other person”.
Appeal Commissioners Bodies who hear tax appeals. They are replaced by tribunals from 2009.
The term “Appeal Commissioner” has come into use as the word
“Commissioner” also means a member of the Board of HMRC.
The two types of Commissioner are General Commissioners and
Special Commissioners. The former are lay people with a status
similar to magistrates. The latter are legally qualified people.
Some tax laws specify to which body particular appeals may go.
Otherwise the taxpayer has a choice. A taxpayer will usually choose the
Special Commissioners when the issue is a technical point, and the
General Commissioners when the issue is one which commends itself
to a reasonable man.
appearance fee Payment to a person simply for attending an event, such as a film star
attending a fashion show.
appear very likely Term used in Income Tax Act 2007 s384A in relation to the
disallowance of certain loan arrangements against income tax.
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Appellate Committee Part of the House of Lords which announces legal decisions.
appellate court Court which hears appeals against decisions from lower courts.
appellate jurisdiction Authority to hear appeals against decisions from lower courts.
Appendix 7A arrangement
Arrangement to pay national insurance for tax equalised employees
from overseas.
application concluded Term used by the Home Office’s UK Border Agency in respect of a
person to whom they have granted asylum.
application designer In computing, the person who is responsible for turning a set of
requirements into a specification for computer software.
application for quotation Application made by a public company to be listed on a particular stock
exchange.
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application layer The layer of a computer operating system which is visible to the user.
application of funds Statement explaining how a business has acquired funds and how it has
used them. It is broadly the same as a cashflow statement.
application problem In computing, a problem identified by the system user which requires a
solution in the software.
application program Program which performs a task required by the user, as against a
system program.
applied economics Branch of economics which studies practical problems and how they
may be solved using the tools of theoretical economics.
applied mathematics Branch of mathematics which determines how other branches may be
used to solve problems.
applying the proviso In criminal law, when an appeal court uses the proviso in Criminal
Appeal Act 1968 s2. This allows the court to dismiss an appeal if it
believes that there has been no miscarriage of justice even though the
point of appeal may have some merit.
appointed counsel American term for a lawyer who is appointed to a defendant who would
otherwise be unrepresented in court.
appointed day Day on which a tax provisions (or other law) comes into force. Finance
Acts often contain provisions to come in at a future date. The date is
given in a Statutory Instrument, such as Finance Act 2008 Schedule 38
(Appointed Day) Order SI 2010 No 409. This announced that the
relevant Schedule (that makes amendments to stamp duty land tax)
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appointee Person who has been appointed, or for whom a power of appointment
is exercised.
appointment process This term is used to describe the process of a client nominating an
Agent to act on their behalf by way of the Agent ID.
Appointments Commission
Body corporate created under Health Act 2006 s57 as a successor to the
National Health Service Appointments Commission.
apportionment factor Number between 0 and 1 that determines how much of an item of
account may be allocated for a particular tax purpose. The term is used
in the Inspectors’ Manual at BIM24630 in the context of golf clubs.
apportionment schemes A simplified method of calculating VAT liability on retail sales, based
on the proportions of purchases which are liable to different rates of
VAT. The apportionment schemes are intended for retail traders that
may find it difficult to account for VAT on their sales in the normal
way.
appraisal related pay Pay scheme where at least part of an employee’s pay is linked to an
appraisal of the employee’s performance. This is also known as merit
pay.
The two main forms of appraisal related pay are:
● performance-against-objectives; and
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apprenticii ad legem Latin: apprentices at law. The term refers to junior barristers.
approbate and reprobate Legal term which means to blow hot and cold. It espouses the principle
that a person cannot both claim benefit under an instrument and also
deny liabilities imposed by the same instrument.
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appropriate percentage A percentage taken from tables relating to the carbon dioxide emissions
of a car that is a taxable benefit in kind for an employee (Income Tax
(Earnings and Pensions) Act 2003 s121).
The percentage is a figure of up to 35%. The tables have frequently
been revised, so a percentage for the same car may be higher in a later
tax year.
The employee is usually taxed on the notional benefit of having the
car as being the list price multiplied by the appropriate percentage. If
the employer also provides petrol or other road fuel, the employee is
also liable to pay tax on a benefit calculated as a fixed amount
multiplied by the appropriate percentage.
appropriation (1) Legal process whereby the property of one person passes to another.
(2) Situation where more units in a unit trust are being bought than sold.
appropriation account Account which apportions the profit for an accounting period between
the various provisions, reserves and retained profit.
In a partnership, the appropriation account apportions the profit to
the various partners’ capital and current accounts.
appropriation account Part of the accounts which shows how the profit has been used, in
particular how much has been paid to the shareholders and how much
has been retained.
approval Process by which the trustees or equivalent body make the treasurer’s
report their own.
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approved airport Place where goods imported by air may be landed in the UK. It is an
offence to import goods by air at any other destination.
approved budget Budget which has been approved by members, adjusted to reflect in-
year virements.
approved consignor Old term for a consignor who was authorised by Customs and Excise to
produce his own forms for export purposes.
approved distributor Person who has been individually authorised and approved for the
purpose of supplying tied oil, in the course of trade for eligible use.
approved pension scheme Pension scheme which is approved by HMRC and thus qualifies for
certain tax advantages.
approved school Educational establishment to which a court may send children whose
behaviour makes them impossible to educate in an ordinary school.
Since 1969, such schools have been replaced by community homes
or by accommodation in ordinary schools under special provisions.
approved scheme “Share award or share option scheme approved by the Employee
Share Schemes Unit, which gives favourable tax and NICS advantages
to employees and employers” (Inspectors’ Manual at BIM 44001).
approved securities Bonds and other investments which a bank is allowed to hold.
approved training Training under a scheme sponsored by the government. A young person
undergoing approved training is regarded as being in full-time
education for the purpose of claiming social security benefits.
approved wharf Place in a port where goods imported by sea must be unloaded.
A port is approved by a Statutory Instrument which defines the area
of the wharf. Some wharves are restricted as to what goods may be
imported. Once unloaded, either customs duty must be paid or the
goods must be held in a transit shed.
appurtenant property “In relation to a building or part of a building or a flat, means any
garage, outhouse, garden, outhouse, yard or appurtenances belonging
to, or usually enjoyed with the building or part or flat” (Commonhold
and Leasehold Reform Act 2002 s112(1)).
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aptitude test Test of a person’s innate skills, such as clerical, mechanical and
numerical ability.
Arab blacklist Blacklist against suppliers and shipping agents operated by some Arab
countries in the 1960s and 1970s as a means of putting economic
pressure on Israel.
arable area payment Payment to an arable farmer under EU Common Agricultural Policy.
Tax Bulletin 02/94 states that HMRC may accept such a payment as
a sales subsidy.
arbitrage-free condition Assumption made in financial modelling that there are no anomalies,
that is no opportunities for risk-free excess returns in the market.
arbitrage syndicate Group of people who provide the capital to engage in arbitrage.
arbitrageur One who engages in arbitrage, that is someone who buys something in
a large quantity and sells it again almost immediately at a small profit.
arbitration cover Additional cover which ECGD offered for the additional risk of a claim
being lost after arbitration.
ARC (1) Advanced reduced instruction set computing. An old term for the
specification for computer microprocessing platforms.
(2) Accounting Regulatory Committee.
archive Repository of old records. Originally, it was the repository for public
records.
The maintenance of a business archive is generally accepted as a
business expenses (Inspectors’ Manual at BIM42501).
archive file In computing, a file or collection of files which are not readily needed.
Such files are usually compressed and placed in a separate part of the
computer.
archiving Process of taking old documents and storing them. The term can apply
to either paper files or computer files. In both cases, the procedure frees
up space for current documents at the expense of making the archived
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Arctic Systems Company set up in 1992 by a married couple, Geoffrey and Diana
Jones, and which became subject to a protracted test case with the tax
authorities.
The couple eventually won in the House of Lords after four years of
litigation in Jones v Garrett [2007]. This case did considerable damage
to the reputation of HMRC and the courts.
The company was set up as a standard husband and wife company
where they each held one share, the husband did most of the work, and
the income was drawn in dividends rather than salary. This avoids
national insurance and allows the wife’s personal allowance and basic
rate tax band to be used.
HMRC claimed that this represented a trust created by the husband
in favour of his wife, a practice subsequently called income splitting.
This provided a novel interpretation of laws first passed in 1922 but
never before used in such a manner. The consequence of that
interpretation was that the wife’s income was held to be taxable as the
income of the husband.
After many interpretations from the courts, the House of Lords
eventually held that the wife’s income was not taxable as her
husband’s. Although this was also the decision of the Court Appeal, the
Lords dismissed the Appeal Court’s reasons and substituted their own,
which was basically that any trust would fail as it was between husband
and wife and therefore exempt under tax law.
are Unit of land measure equal to one hundredth of a hectare; 100 square
metres.
argentine Gold coin issued by Argentina, that may be a gold investment coin for
VAT purposes.
argumentative affidavit Affidavit which contains arguments about the facts. Such an affidavit is
generally forbidden under English law.
to avoid the annual charge which they may be required to pay after
seven years.
armed forces “Royal Navy, the Royal Marines, the regular army and the regular air
force, and any reserve or auxiliary force of any of those services which
has been called out on permanent service, or embodied” (Customs and
Excise Management Act 1979 s1(1)).
UK forces are subject to UK income tax and national insurance,
regardless of where they are posted. National insurance provisions are
given in Social Security Contributions and Benefits Act 1992 s116.
The allowability of various expenses are set out in Income Tax
(Earnings and Pensions) Act 2003 from s296.
armorial bearings tax Form of excise duty first charged in 1798 which replaced clock and
watch tax.
arm’s length bargain “A normal commercial transaction between two or more person”
(HMRC manual RPSM glossary). The same as arm’s length price.
arm’s length price Price at which goods would be sold if there were no connection
between the parties. It is a similar concept to fair value.
For tax purposes, arm’s length price may be substituted for the
transfer price if HMRC suspect transfer pricing.
arpent Old land measure varying from about 1¼ acres to 5/6 acre. The
measure is still sometimes used in Louisiana and Quebec.
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arraign Call a prisoner to court by name, to read the charge against him, and to
ask whether he pleads guilty.
arranged marriage Marriage where the parties have not chosen each other but have been
chosen by someone else, such as their parents. An arranged marriage is
not always void.
arrangement fee Charge made for providing a financial fee, one form of administration
fee. It is most commonly charged for arranging a mortgage or other
loan.
arrears date In a case for equal pay, the day up to six years before the action started
from which the claim is made (Equal Pay Act 1970 s2ZB).
arrears Amounts owed from a previous period, such as missed loan repayments
or rent from previous months.
The lender will typically try to establish the reason for arrears using
normal credit control methods. If this does not resolve the matter,
some arrangement will usually be sought with the borrower, such as
rolling up the arrears into a new loan or allowing the loan to run for an
extended period.
If the borrower is in financial difficulty, the lender may consider an
arrangement such as a debt management plan. Failing that, some form
of insolvency arrangement is usually inevitable.
arrestable earnings Amount of an employee’s pay which a Scottish court may make subject
to an order for arrestment of earnings.
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arrestable offence A criminal offence for which a person may be legally arrested.
Police and Criminal Evidence Act 1984 s24 allows for arrest
without a warrant for a list of offences including theft and fraud. These
are broadly offences for which a person could be imprisoned for at least
five years.
arrived ship Notice that a ship has arrived and is ready to discharge its cargo.
artificial person Legal term for a legal person that is not a human individual. Examples
include companies, trusts, estates and other legally constituted bodies.
artificial price Price which differs from normal price for no obvious commercial
reason.
The Inspectors’ Manual at BIM38400 notes that where an artificial
price is paid for trading stock, “there is usually some other purpose
involved”. To the extent that the artificial (usually inflated) price cannot
be justified, it will be disallowed for tax purpose.
artificial trade Activity that appears to be trade but is not. Common examples include
hobby activities, investments, and realisations of capital gains. The
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article 184 reliefs Reliefs from customs duty for many categories of imported goods, such
as the personal effects of someone moving into the UK.
articled clerk Clerk under written articles of agreement to serve a professional person,
usually an accountant or solicitor, as a condition of joining the
profession.
articles of association Document which a limited company must file, with the memorandum
of association (Companies Act 2006 s18).
articles of incorporation Document which sets up a company in the USA. It governs the
relationship between the company and its investors.
articulation Impact of transactions on the balance sheet and profit and loss account
through application of the accounting equation.
artificial arrangement For VAT, arrangements which have no commercial purpose other than
the avoidance of tax. The European Court of Justice has ruled that this
may constitute an abusive practice.
The European Court of Justice held that tax avoidance is itself not a
commercial activity (Halifax plc v Customs [2001]).
artificial arrangement One of the hallmarks of a tax planning scheme of which taxpayers are
advised to be wary.
artificial tax avoidance Tax avoidance that goes beyond what tax law intended or has become
accepted. Such avoidance is likely to be challenged by HMRC. Even if
the challenge is unsuccessful, it is likely that an artificial scheme will be
legislated against in anti-avoidance provisions.
The nearest to a definition is probably when then financial secretary
Dawn Primarolo on 1 April 2004 described such schemes as “where
they create economic distortions, provide commercial advantages over
compliant taxpayers, redistribute tax revenues in an unfair or arbitrary
manner, or represent an abuse that conflicts with or defeats the will of
Parliament”.
HMRC provides guidance in the form of hallmarks.
artist An artist, sculptor, composer or other creator of art may average profits
over three years under certain conditions (Income Tax (Trading and
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art loan For tax, there is a special provision when a non-resident person lends a
work of art for display in the UK. This is excluded from consideration
of the remittance basis, and so cannot in itself establish residence.
Arusha Agreement Agreement made in 1969 with effect from 1971, between the European
Union and Kenya, Uganda and Tanzania. It was superseded in 1975 by
the Lomé Convention.
as fast as can Obligation placed on a person chartering a vessel to deliver goods. The
obligation is that the goods be delivered as fast as the ship can load.
This obligation has lost much significance with the development of
containerisation.
A-shares (1) In the UK, ordinary shares with different voting rights from other
ordinary shares. It is possible to have B-shares and even C-shares,
though these are rare in practice.
A shares are often issued to provide the bulk of the equity capital,
leaving control in the hands of a few individuals, often founders.
Sometimes the term is hyphenated as A-shares.
(2) In the USA, a standard way of pricing sales charges on mutual funds
by including an up-front charge, typically around 5.75%. The B-share
does not have this up-front charge.
ash cash Colloquial name for fees paid by undertakers to doctors in relation to
cremations. Such fees are taxable as income.
Asian Development Bank Bank founded in 1966 to help development in Asia. It is exempt from
UK taxation under SI 1997 No 168.
Asian option Option that has an exercise price calculated on the average price of the
underlying security over the period.
asked price Price at which a security or commodity is offered for sale, or at which a
loan will be granted at a particular time. Similar to offer price. The
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asking price Price at which any item is offered for sale. The term suggests that the
seller may be willing to sell for a lower figure.
assay-master Officer who determines how much precious metal there is in coin or
bullion.
assay piece Coin, item of jewellery or other sample which is offered for assaying on
behalf of all such items.
assented stock Ordinary share (or sometimes another form of security) whose holder
has agreed to the terms of a takeover bid. The opposite is known as
non-assented stock. Occasionally, assented and non-assented stock
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assessed tax Amount or rate at which each category of income is subject to income
tax.
assessing procedure Means by which HMRC determines amount of tax payable when this
has not been provided by the taxpayer. The procedure is given in Taxes
Management Act 1970 s30A.
assessment Method used to create a legally enforceable debt. This applies if there is
a failure to declare taxes or charges, or submit returns, that are due; or if
an incomplete, or incorrect, declaration is made.
assessment base In insurance, the base on which a deposit insurer calculates the
premiums for the insured depositors.
assessor Person who makes any kind of assessment. In some instances, this
includes a person who may provide assistance to a court while not
taking part in the decision.
asset allocation Process of determining how an investment vehicle should invest its
funds between different types of investment. The process usually starts
by analysing the requirements of the investor.
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asset-backed fund Fund in which money is invested in tangible or corporate assets rather
than in loans and intangibles.
asset-backed security Share, bond or other form of financial instrument whose value is largely
determined by ownership of tangible fixed assets.
asset financing Funding secured on fixed assets, secured loans, mortgages and hire
purchase are examples.
asset held on 6 April 1965 There are special provisions for capital gains tax for assets that have
been from before 6 April 1965 (Taxation of Chargeable Gains Act 1992
Sch 2).
asset held in 6 April 1982 There are special provisions for capital gains tax for assets that have
been held from before 6 April 1982 (Taxation of Chargeable Gains Act
1992 Sch 3).
Broadly gains that accrued before 1982 are exempt from tax. The
1982 valuation may be determined exactly or determined as a pro rata
value according to the period of ownership.
asset-liability management
In banking, the management of assets and liabilities to minimise risks,
particularly with regard to interest rates, liquidity and credit.
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asset management (1) In business management, looking after the financial assets of a
business to maximise their overall return.
(2) In banking, a service offered to look after a client’s assets. This
service is usually offered to the very wealthy.
asset No 1, 2, 3 Terms used in relation to hold-over relief for capital gains tax
(Taxation of Chargeable Gains Act 1992 s154).
asset purchases In investment, the term is used for a buyout which acquires the assets of
a business, rather than the whole business.
This has several tax implications. VAT will usually be payable on
the assets, as there is no transfer as a going concern. Corporation tax
restrictions on acquiring a business are usually avoided.
asset rich Description of a person or business with valuable tangible fixed assets,
such as land and buildings.
asset rich, cash poor Description of a person or business with valuable tangible fixed assets,
such as property, but who has inadequate or barely adequate cashflow.
A common example is an older person who may own a valuable
freehold house but have a low income from pensions.
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asset stripping Practice of buying a business, not for its trading value, but for the value
of the assets it owns. The business is then closed, the workforce
dismissed, and the assets sold for a quick profit.
assets under management In investment, amount of a client’s funds which are under the control of
a fund manager.
asset swap Exchange of assets between two parties. The most example is when two
financial instruments swap assets of different cashflows to match each
of their needs.
asset turnover ratio Accounting ratio which indicates how quickly a company uses its
assets. It is calculated by dividing turnover by current assets minus
current liabilities. In general, a high ratio indicates an efficient business,
but this is subject to an understanding of the nature of the business.
asset with enhanced value Term used in Taxation of Chargeable Gains Act 1992 s31 in relation to
taxation of a distribution followed by a disposal of shares.
assignat Bank note issued between 1790 and 1793 by the revolutionary
government of France. Its value was secured on church lands.
assignment of action Process by which a writ in the Chancery Division of the High Court is
assigned to a group of judges.
assignment of contract Process by which a liability under a contract may be passed to another
party.
Generally, a liability cannot be assigned unless the other party
agrees. This creates a novation. It is much easier to assign a right or
benefit under a contract.
assignment of life policies In insurance, the transfer of legal rights to collect the proceeds.
Life policies are generally the only insurance policies which can be
so assigned. It is a popular method of obtaining value from endowment
policies.
assistance dog Guide dog or other dog which assists a disabled person. The term is
used in Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002
s1.
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assisted area Area in the UK where regional aid may be granted under EU
legislation. The areas are listed in SI 2007 No 107. Their status as an
assisted area runs from 13 February 2007 to 31 December 2013.
assisting an enemy Offence for military personnel under Armed Forces Act 2006 s1.
Assizes Former sessions of criminal court, now replaced by the Crown Court
under Courts Act 1971 s4.
associate company Alternate name for an associated company. This term is used in
Corporation Tax Act 2010 s25.
associated acquisition Payment made by a company to a charity on condition that the charity
uses it to make an acquisition.
Such an acquisition can disqualify a charitable payment from tax
relief under Corporation Tax Act 2010 s193.
associated benefit Benefit received by a charitable donor from the charity. The general
principle is that nominal benefits, such as a book or free admission to
grounds, are ignored. More substantial benefits can have the effect of
restricting the tax relief under Gift Aid.
Under Income Tax Act 2007 s418(2) the limit on the associated
benefit is:
(a) 25% for gifts up to £100
(b) £25 for gifts between £100 and £1,000
(c) 5% for gifts over £1,000.
It is also a condition that the benefits associated with the gift,
including any relevant prior gift do not exceed £2,500 (£500 before 6
April 2011).
Equivalent rules for donations from companies are found in
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associated company Term that was used to describe a company where a parent company
owned between 20% and 50% of its shares. A smaller holding made the
company an investment; a larger holding made the company a
subsidiary.
The term “associated company” was used in SSAP 14. It was
replaced in 1992 by FRS 2 which uses the term participating interest.
For capital gains tax, definition in re Johnson Publishing (North)
Ltd [2008].
Stamp duty is not payable on property transferred between
associated companies (Finance Act 1930 s42).
associated employments Term used in Income Tax (Earnings and Pensions) Act 2003 s24(4)(b)
which means employment with the same employer or an associated
employer. To the extent that this generates chargeable overseas
earnings they must be aggregated.
associated index Separate index for a register of interests (Companies Act 2006 s810).
associate director Term occasionally used for someone who attends board meetings but
who has not been elected a director by the shareholders.
associated operations In inheritance tax, when two or more transactions or operations are so
connected that they are treated as a single transaction or operation.
An example is when a man transfers an asset to his wife who
transfers it to a discretionary trust.
associated returns Returns of income tax and national insurance for the same period by the
same person. This concept is introduced in Social Security
Contributions and Benefits Act 1992 Sch 1 para 7(13)).
associated transaction For stamp duty, a transaction that is regarded as being part of a single
transaction.
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Association Agreement Agreement reached between the European Union and another country
prior to their becoming members. Such an agreement was particularly
used for Greece before its accession in 1981. The agreement requires
reciprocal reductions of duty, and free circulation of goods.
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assurance (1) Undertaking or guarantee of some sort. In finance, the term can
mean a letter confirming a balance or agreeing to make payments. The
term is also an abbreviation for life assurance, where payment is made
on death at any age.
(2) In law, a surrender, assignment, conveyance or appointment under a
power.
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assymetric information Any arrangement where some people inevitably have more and better
information than others. For example, directors of a company will
always know more than other investors.
assymetric margining Situation where parties to a contract are subject to different margin
conditions reflecting their relative creditworthiness.
assymetric payoff Situation where the arrangements for paying off investors or others
depends on the result. Typically, the term applies to bonds or options
where the payment depends on whether the market has risen or fallen.
asylum screening unit Centre run by the Home Office’s UK Border Agency to determine
whether a person qualifies for asylum.
at best Instruction to buy or sell securities at the best price available. This is
the usual form of contract for securities. It is also known as at the
market.
Alternative instructions are at the close; limit order; market order
and time order.
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at par The nominal or face value of a security. A 25p share which is sold for
25p is said to be sold at par.
at the market Another expression meaning at best, with regard to buying securities.
at the money An option with an exercise price equal to or very close to the current
price of the underlying instrument. (The words are often hyphenated.)
at the money option Call option or put option where the exercise price is the same or close
to the market price of the underlying security.
at the opening Market order to be executed when the market opens, or not at all.
Athens Stock Exchange Stock exchange of Greece. It was established in 1876 and reconstituted
in 1988.
athlete tax Term used in the press from at least 1991 to describe taxes charged on
athletes by the host country when competing in international events.
ATM Automated teller machine, cash machine or “hole in the wall” from
which cash may be extracted using a debit card.
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attaching goodwill Term used up to 1973 in relation to valuation of certain supplies that
were subject to purchase tax.
attachment of debts Proceeding whereby a person A who has obtained a judgment against B
who is owed money by C may get an order requiring that C pays A
directly. This is known as a third party debt order, previously known
as a garnishee order.
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attenuation charge Charge which is imposed in addition to spirits duty for each
distillation period. The charge is imposed by Alcoholic Liquor Duties
Act 1979 s14.
attestation clause Statement signed by two witness to a will. A will is not valid unless it
includes such a clause (Wills Act 1837 s8).
attested copy Copy of a document which is certified as being a true copy by the
person who examined it.
Banks and finance companies often ask for attested photocopies of
financial documents, to be signed by an accountant, lawyer or person of
similar standing.
attorney Originally the word simply meant someone appointed by one person to
act on his behalf, as is evident in the expression power of attorney.
The term came to mean a person admitted to practise in the superior
courts of common law.
In Scotland, the term is used to mean the equivalent of barrister.
For tax, the word is used in its original sense of meaning an agent.
Where a taxpayer cannot act for his or her own benefit, an attorney
may sign the forms under statement of practice A13 of 18 June 1979.
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Attorney-General (A-G) Principal law officer of the Crown and head of the Bar. Traditionally
the Attorney-General is a Member of Parliament for the ruling party,
but not a Cabinet minister.
The Attorney-General is the person under Crown Proceedings Act
1947 who may bring proceedings for or against the Crown. There are
also many offences were a prosecution may only be brought by the
Attorney-General or requires his consent.
attributable profit Profit which can be shown as coming from a particular area of the
company’s activities, such as sales for a particular product or in a
particular area.
atypical work In human resources, any pattern of work does not follow the pattern of
full-time permanent employment. It includes part-time work, agency
work, secondment, self-employment, homeworking, temporary work
and zero-hours contracts.
auction A process whereby an asset is sold to the person who offers to pay the
highest price.
The process is overseen by an auctioneer. Companies which offer
this service are known as auction houses.
A sale by auction is legally a contract for sale. This means that the
highest bidder must buy the goods and the seller must sell them. A
refusal of either party to do so is a breach of contract. For this reason
it is usual for either the seller to provide an adequate representation of
the item sold, or for potential buyers to be allowed to inspect the items.
The seller may impose a reserve which is a minimum price he will
accept. If the reserve is not met, no sale is made.
An auctioneer may be required to make a return of transactions to
HMRC (Taxes Management Act 1970 s25(7)).
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auction system Method of marketmakers offering stock for sale at the highest price. It
is the alternative method to the much more common quote system
where prices are determined by quotes on a computer screen.
Auctioneers' Scheme VAT scheme that allows an auctioneer selling goods on behalf of a
third party to use a method of accounting for VAT which is similar to a
margin scheme. The scheme is optional and conditions apply.
are correct, whether any fraud has been committed or if any other laws
have been obeyed (except to the extent that this may mean the accounts
are not “true and fair”).
The statutory audit of local authorities is quite different. The district
auditor is answerable to the Audit Commission and thus to the
government. The audit looks at matters such as value for money, and
achieving objectives set by the government and by the authority itself.
An audit may be for a specific purpose, particularly forensic audit.
Examples include when an audit is conducted to test a new system or to
quantify a loss after a fire.
Audit Commission Statutory body set up under Audit Commission Act 1998 to audit local
authorities, other public bodies and government departments.
The US equivalent is the General Accounting Office. It has been
announced that the Commission is to be abolished in 2012.
audit fee Amount payable by an organisation for having its accounts audited.
If the auditors are paid for any work, such as preparing a tax return,
the fee for such work should be separately disclosed.
audition fee Fee charged by some bodies for allowing a person to audition for a role,
particularly in the performing arts. The fee is usually refunded if the
person is successful, or sometimes if not successful but credible. The
aim is to deter time wasters with no talent.
An audition fee is regarded as part of the body’s income for all tax
purposes.
Audit Office Office of the department of the Comptroller and Auditor General
which is responsible for auditing government departments.
audit opinion Statement by the auditor about accounts in the audit report.
It should be appreciated that most financial statements are
statements of opinion by the accountant, particularly with regards to
such matters as asset valuation. The audit report therefore gives an
opinion on an opinion.
auditors’ liability Liability of an auditor for negligence. This liability may be limited by a
liability limitation agreement. Otherwise an attempt by an auditor to
limit liability is void under Companies Act 2006 532.
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auditor’s remuneration Payment to an auditor for his audit work. For a limited company, this is
fixed by the members by an ordinary resolution at an annual meeting
(Companies Act 2006 s492(1)).
audit risk The possibility that the auditor may give an inappropriate report about
accounts.
Although the term can apply to giving an undeserved qualified
report, in practice the term is usually used for the converse situation of
an auditor giving an unqualified report to accounts which should have
been qualified.
audit trail Requirement that transactions can be followed from their inception to
completion, and that transactions can be traced from source documents
or vouchers to the final accounts, or vice versa.
An audit trail usually requires every transaction to have a folio
reference which allows, for example, an invoice to be traced to a day
book. The daybook will then have a reference to the nominal ledger,
which in turn will be referenced to the trial balance and the final
accounts.
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aulnager Officer first appointed in the reign of Edward III to measure woollen
cloth offered for sale to determine the tax payable.
au pair Person, usually young woman, who performs domestic duties in return
for accommodation and, sometimes, a small payment.
Austria Member of the European Union. For VAT and Customs purposes, its
territory include Jungholtz and Mittelberg. It uses the terms
Mehrwertsteuer (Mwst) and Umsatasteuer (Umst) to mean VAT.
Austrian Schilling trick Practice of using two Austrian schillings glued together as a pound coin
to operate pay machines. The two coins were worth less than 10p.
Machines have subsequently been reprogrammed to detect them.
author An artist, sculptor, composer or other creator of art may average profits
over three years under certain conditions (Income Tax (Trading and
Other Income) Act 2005 s221).
For VAT, royalties to authors may be paid by the publisher using
self-billing.
authorisation order In company law, a person authorised by the Secretary of State under
Companies Act 2006 s457(1) to make an application to the court for
defective accounts to be replaced by revised accounts.
authorised auditor Individual who is allowed to audit a company even though he does not
have the relevant accounting qualification.
Such authorisations were given by the Board of Trade under
Companies Act 1976, based on their experience. This was largely a
transitional measure for unqualified auditors who still audited under
appointments made before the Companies Act 1948 introduced a
qualification requirement. The power to grant such authorisation ended
in April 1978.
The term is used for a person who may audit an unlimited company
but not a limited company.
authorised capital The maximum amount of share capital which may be issued by a
company. This must be stated in its memorandum of association.
The actual amount of issued capital is often much less. Many small
companies are formed with authorised capital of £100, and issued
capital of £2 (as two shares for £1).
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authorised limit The maximum amount of a financial institution’s debt at any one time
during the year, under the Prudential borrowing regime that was
introduced from April 2004
authorised minimum Minimum amount of allotted share capital required for a public
company. The minimum is £50,000 or its euro equivalent (Companies
Act 2006 s763(1)).
authorised operator Trader authorised by HMRC to operate one or more simplified export
procedures such as Simplified Declaration Procedure, Local
Clearance Procedure or a Designated Export Place.
The term also includes an exporter or third party allowed to make
full export declarations to the Customs Handling of Import and Export
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authorised share capital Amount of share capital a limited company may issued under the terms
of its memorandum of incorporation.
authorised unit trust Unit trust which must be operated in accordance with UK law and EU
directives.
authoritarianism Description of a political system which exercises strict control over its
citizens with little consideration to their rights or public opinion.
authority (1) Position of power, particularly one which is delegated under a legal
power. Authority is not power in itself, but is one source of power.
(2) Source of law as quoted in a case.
authority to negotiate Description of bank documents which allow a UK bank acting for a
supplier to negotiate the terms of a letter of credit. It is an alternative
procedure to the documentary letters of credit, which offers little in the
way of guarantee to the supplier.
authority to purchase Description of bank documents which allow a UK bank acting for a
supplier to buy bills of exchange as a means of negotiating the terms of
a letter of credit. Such a method offers little security to the supplier.
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automatic deportation Penalty imposed by UK Borders Act 2007 s32 for a non-British citizen
who is found guilty of an offence in the UK.
automatic enrolment Provisions in Pensions Act 2008 ss2 to 9 requiring employers to enrol
employers in the NEST pension scheme. Enrolment is phased in
between 1 October 2012 and 1 September 2016, starting with the larger
employers. Details of the phasing are given in SI 2010 No 4.
automatic penalty Additional sum imposed without consideration of factors, such as being
late with a tax return.
automatic stabiliser Elements of the tax and spending system which tend to cancel each
other out and thus dampen the economic cycle. In an upturn, tax
revenues rise and benefit claims fall, for example.
automatic tagging Facility offered by some tax software that automatically puts iXBRL
tags into corporation tax, as required from 6 April 2011.
automatic transmission Part of a vehicle where the gear changes according to the vehicle’s
speed and not according to the driver’s use of a gear lever,(known as
manual transmission).
A driver who passes a test in a car with automatic transmission may
not drive a car with manual transmission.
automatic vending Retail method where products are sold by inserting coins, tokens or
cards into a machine. This has obvious advantages in making sales
service available outside normal hours and saving in staff time.
Those who provide such machines must have procedures to:
● restock machines and collect cash;
● protect machine from vandalism;
● protect stock and any cash from theft;
● allow dissatisfied customers to complain, such as when the
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autrefois acquit Defence in criminal trial that a person has already been tried for the
offence and has been acquitted. It protects a person from the double
jeopardy risk of being repeatedly prosecuted for one offence.
There are some exceptions permitted under law. In particular
Criminal Justice Act 2003 (commenced in 2005) allows a second trial
of a serious offence if there is new and compelling evidence. The first
person to be convicted under this provision was William Dunlop for
murder on 11 September 2006, having been acquitted at a trial in 1989.
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auxiliary mint Mint operated outside London but under its control to meet a
particularly large demand for coins.
auxiliary tank Tank on a vehicle which stores fuel to drive machinery and which
cannot be used to propel the vehicle. Unmarked oil (on which duty has
not been paid) may be used in such tanks.
available balance Amount that a person may spend from a bank account. It comprises
unallocated funds in the balance on the account plus the agreed
overdraft.
available income Amount of a person’s income which may be applied to clearing old
debts.
available periods For VAT, an accounting period for which HMRC can accept a VAT
Return from a VAT-registered trader.
An accounting period generally becomes available shortly before its
closing date, although returns should not be completed until the period
has ended. A period ceases to be available when a return is received.
available to all staff Term used in relation to many benefits provided by an employer as a
condition of their being tax-free. Examples include the provision of
canteen facilities and childcare vouchers.
The requirement is that the benefit is offered to all staff eligible to
accept it on broadly similar terms.
available total profits Amount of profit which may be used in group relief. The term is
explained in Corporation Tax Act 2010 s140.
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average adjuster A person who calculates how much of a maritime insurance claim
should be paid by the insurer.
average adjustment Amount of a maritime insurance claim for loss of a ship which the
insurer must pay.
average agent Lloyd’s Agent who has authority to negotiate marine insurance claims.
average annual return Means of comparing different returns over different periods on a
consistent basis with the unit being years, hence per annum. Normally
only returns over periods greater than one year are annualised. The
average annual return is the rate that an investor would have earned in
each year to achieve the total cumulative return over the period.
average bond Form completed by a consignee and countersigned by his bank before
taking delivery of goods from a vessel where a general average loss
has been sustained. Under the bond, the consignee agrees to meet his
share of the general average loss.
average capital balance In relation to a claim for community investment tax relief for a loan,
this term means “the mean of the daily balance of capital outstanding
during that period, ignoring any non-standard repayments of the loan
made in that period or at any earlier time” (Income Tax Act 2007
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average clause Provision in a marine insurance contract. It states the amount of loss
that must arise before a claim is payable.
average contents rules For beer duty, the procedure set out in Customs notice 226 in relation
to beer sold in small packs of up 10 litres. The amount of duty may be
assessed on the average system rather than on each pack.
average cost The total cost of producing n units divided by n. As the total cost
usually includes an element of fixed costs, the average cost declines as
quantity increases.
average down Buying a security at a lower price than paid for the exiting holding.
This is one of the manifestations of unit cost averaging.
While it increases the chances of the overall holding becoming
profitable, it is not a generally recommended investment strategy. Each
purchase of shares should be considered on its own merits.
average due date The average date when several different payments fall due.
average general Another form of general average in relation to marine insurance. The
principle is that if cargo has to be discarded to save a ship in peril, all
cargo providers will share that loss.
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average particular Another term for particular average, a clause in a contract in marine
insurance.
When some cargo is lost or damaged during a journey, the cost is
borne by the cargo supplier or his suppliers alone. There is no sharing
of the cost among other cargo suppliers as under average general.
average rate of tax The average rate of tax is the total amount of income tax paid as a
percentage of a person's income.
For example, a person has personal allowances and other tax
deductible items of £8,000. He earns £20,000 when the basic rate of
income tax is 20%. His income tax liability is £2,400 (20% of £20,000
less £8,000).
His average rate of tax is 12%. This is the ratio of £2,400 to
£20,000. His marginal rate of tax is 20%, as that is how much he pays
on every extra £1 earned.
average-sized As of the same size as most others of the same nature. The term is often
applied to businesses.
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average system For beer duty, quality control method to determine the average
contents of a small pack of up to ten litres of beer. The system is set
out in Customs notice 226. Provided this is followed, it is not necessary
to measure the contents of each small pack.
averaging clause Provision in most insurance policies that all assets must be insured, and
compensation is reduced if a claim is made when there is not full
insurance.
A person who owns four properties in different towns each worth
£1 million may decide that it is so unlikely that they will all burn down
at the same time that he only insures the four to a maximum of £1
million. The insurance company would therefore bear four times the
risk for the same premium. Under the averaging clause, the insurance
company would restrict its payment for one property burning down to
£250,000.
AVGAS Aviation gasoline, a light oil which is specifically produced as fuel for
aircraft, is not normally used in road vehicles and is delivered for use
solely as fuel for aircraft.
avian flu Disease people catch from birds, also known as bird flu.
The World Health Organisation said on 7 November 2005 that it
would cause a pandemic costing $800 billion. The UK Department of
Health said a quarter of the population would become infected and
50,000 people. None of this happened.
aviation hazard The additional insurance risk of death or injury from participation in
flying.
Most policies only require this for high-risk activities such as being
a private pilot or taking part in aeronautical displays. Such additional
risk is usually insurable for additional premium. Flying on a normal
passenger aircraft is not an aviation hazard.
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avoidance scheme Scheme whose sole purpose is to avoid or reduce liability to a tax.
avulsion Process of cutting land off from other land, such as when a river
changes its course. In law, the ownership and other rights of the land
are usually unaffected.
AWB Air Waybill - an airline Air Waybill is a bill of lading which covers
both domestic and international flights transporting goods to a specified
destination. This is a non-negotiable instrument of air transport that
serves as a receipt for the shipper, indicating that the carrier has
accepted the goods listed and obligates itself to carry the consignment
to the airport of destination according to specified conditions.
B
B (1) The second person in an explanation, such as “A bought goods from
B to give to C.”
(2) For national insurance, the contribution letter for an employee who
is eligible to pay reduced rate contributions.
(3) For council tax, the second lowest band of property values:
• in England, between £40,001 and £52,000 in 1993
• in Wales, between £36,001 and £52,000 from 1 April 2005, and
between £30,001 and £39,000 before;
• in Scotland, between £27,001 and £35,000 in 1993.
A band B property pays council tax at the rate of 7/9 the amount for an
average band D property.
BA Bankers Acceptance
[The letters also denote the Bachelor of Arts university degree, and the
company British Airways.]
baby bonds (1) US bonds issued in small denominations to make it easier for
ordinary investors to buy.
(2) In UK, a bond offered by a friendly society in which up to £25 a
month may be invested for a child for a minimum period of ten years.
baby boom Period of a higher than usual birth rate, such as just after a war,
particularly in the years after 1945.
bachelor (1) Man who has never married. His marital status is therefore single.
The word originally meant a person aspiring to a knighthood.
The female equivalent is spinster. This word has acquired
connotations of a frumpy old maid, so sometimes the term bachelor
girl is used instead.
(2) First university degree, or a person who has one. It ranks below a
masters or doctorate.
back and filling Description of a financial market where prices rise and fall by a small
amount.
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back contract Futures contract on an exchange with the latest expiry date.
back door In economics, means by which the Bank of England provides cash to
the money market by purchasing Treasury bills at the market rate as an
alternative to lending money.
back duty Any arrears of tax (including taxes which are not normally referred to a
duties).
back-ended Form of tax relief which is given at a later point, such as when an asset
is realised.
“Back-ended relief simply means that, while there was no tax relief
on payments into PEP schemes, payments out — whether of dividends
or of capital gains — were tax free.” (The View from No 11, page 379,
by Nigel Lawson, Bantam Press).
back-end loaded Description of any financial product where charges are made at the end
of its life, such as when commission is paid when the investor
withdraws his cash.
back freight Charge made for the return of goods which could not be offloaded at
the intended destination.
background checking Human resources for checking job applicants from sources other than
those provided by the applicant.
back letter Another name for a letter of indemnity. Such a letter is most common
in international transport. It releases the recipient from a duty. A back
letter is often required before a duplicate letter of credit is issued.
back-hander Bribe, from the practice of making payment by putting the hand behind
the back so others cannot see.
back-in Defence strategy against a takeover bid, similar to the poison pill.
In a back-in, the shareholders may sell their shares back to the
company.
back interest Interest which has been earned but not yet paid.
back load Consignment of goods offered to a lorry driver (or a person in charge of
any other delivery vehicle) to be transported in what would otherwise
be an empty vehicle after a delivery.
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backlog depreciation Term used in current cost accounting (now abolished) for the amount
of additional depreciation which should be accounted for in the current
period’s accounts to reflect the impact of inflation in the current period
on the depreciation charged in previous accounting periods.
back payment Payment which is due but which has not yet been made.
back rent Rent which is owed but has not yet been paid.
back spread Strategy of selling an option near to the money and using the proceeds
to buy the same type of option.
back stop-loss In investment, an exit price set by a trader with a view to fixing the
maximum amount that may be lost. In practice, this has the effect of
encouraging investors to place more funds into a position than they
would otherwise.
back tax Tax which is owed but has not yet been paid. Back tax usually arises
following an investigation by the tax authorities.
back testing Testing a financial model using historic data. This allows what it
predicted to happen on a past date to be compared with what did
happen.
back the field Gambling term for betting on all runners except the favourite.
back-to-back credits Letters of credit used in international trading when a trader buys goods
from one country for immediate sale to another, or for string contracts.
Under a back-to-back credit, one letter of credit is raised on the security
of another.
back-to-back loan Loan between companies in different countries in the currency of that
country. Such loans were widely used as a means of avoiding exchange
controls.
back-to-back swap Two swaps which have been combined, usually as a means of winding
up the position and usually subject to a payment.
back to work action plan Plan worked out between an employer and an employee who has been
off sick for at least four weeks.
Such a plan is not compulsory but is recommended by the
government in its booklet E14 on statutory sick pay.
back to work bonus A bonus introduced in 1996 (and extensively revised in 2004) for social
security claimants who start paid employment. It is payable under
Social Security Contributions and Benefits Act 1992 s36.
The amount can be up to £1,000. Such a bonus is exempt from
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income tax under Income Tax (Earnings and Pensions) Act 2003 s677.
back-up credit Alternative source of funds which is made available should the initial
source not prove sufficient. The term is commonly used when an issue
of commercial paper is not fully taken up by the market.
back-up power supply Electrical device which may be connected to a computer to protect it
from damage in the event of a power cut. Such a device typically
provides another 15 minutes of mains power, designed to allow the
computer to be shut down properly and for files to be saved.
backup withholding US term for a sum deducted from investment income towards the tax
due on that income.
backward integration Process of business growth where a business which provides the latter
stage of production acquires businesses which provide the earlier
stages. An example is when a machine maker acquires a component
maker.
backwardation (1) Penalty paid by a seller for being late with delivery, particularly of
shares or other securities.
(2) Situation where the spot price of a commodity or currency is higher
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backwardation In the futures market, where the price for a future delivery is less than
the cash price or sport price.
backwardation swap Commodity swap in which the payments are determined according to
the spot price and future price.
backward-compatible In computing, when a new appliance is made so that old equipment can
still be used.
The term can be applied to equipment or software. For equipment,
most DVD drives are backward-compatible to read compact discs.
Early record players were backward-compatible to play 78s. In
software, a new release of a program is made backward-compatible so
that it can open files created by an earlier release.
bad bargain Item which is not worth the price asked. A bad bargain does not void a
contract.
bad buy Product or service which clearly does not represent value for money.
bad credit car loans Ways of borrowing money to fund the purchase of a new car for those
with a poor credit history.
bad credit cards Credit cards for those with poor credit records.
bad credit loan Loan designed for someone with a poor credit history or county court
judgements and is therefore refused unsecured personal loans by other
providers.
bad credit mortgage Home loan secured against the value of a property designed for people
with poor credit histories.
bad debt provision Sum set aside in the accounts to allow for debts which a business
expects not to be paid.
Strictly this term is wrong, as such a debt is a doubtful debt. A debt
only becomes debt when it is written off. A business may not claim tax
relief for a provision for bad debts, but may claim relief for a bad debt
that has been written off.
bad debt relief Relief from VAT on bad debts. A claim may be made if supplies to a
customer have been made and no payment has been received.
bad debts recovered Sums received for bad debts. Writing off a debt as a bad debt does not
extinguish the debtor’s duty to pay.
As the debt has already been written off, the whole of bad debts
recovered is credited to sales.
bad leaver Where an employment ends in dismissal. The term is used in relation to
anti-avoidance provisions for disguised remuneration.
bag (1) Container, typically made of cloth, paper or other soft material, for
holding money or goods.
(2) Secure for oneself.
Bagehot, Walter English economist and political scientist (1826-77). His treatise on the
British constitution is still widely regarded as authoritative.
Bahrain tax Oil tax imposed by the Kingdom of Bahrain. It is subject to provisions
in the UK/Bahrain Double Taxation Agreement.
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bail Process of releasing an accused person into the security of others who
must ensure that he appears when required and forfeit a sum if he does
not.
bailee clause Clause in a contract of marine insurance. It requires the exporter to take
all reasonable precautions that the ship owner, who is the bailee, fulfils
his obligations regarding the safe carriage of goods.
bailiff Officer of the court who is entrusted with certain functions, such as
serving writs and seizing goods. The bailiff is answerable to the sheriff.
There are also private bailiffs.
bailii British and Irish Legal Information Institute. This operates a website at
www.bailii.org that gives case reports of all decisions from the High
Court from 2002, and of the House of Lords and Court of Appeal from
2001.
bait Fish, maggots, meat, cheese and anything else sold for the sole purpose
to catch fish. Bait is standard-rated even when used to catch fish for
human consumption. This is because bait is regarded as being to catch
the fish rather than to feed the fish. If the bait is of food normally sold
for human consumption, it is zero-rated as food, regardless of the
intention of the buyer.
bait and switch Unethical practice of advertising low-priced items that are not for sale
as a means of attracting customers.
bakery products Term used to cover bread, biscuits, cakes and similar products. They
are generally zero-rated as food, with a few exceptions for such items as
florentines and chocolate biscuits. The exact scope is set out in VAT
leaflet 701/14.
balance (1) Amount of money after transactions have been allowed for.
(2) To match two amounts to ensure a measure of equality, such as
matching net assets to capital on a balance sheet, or matching income to
expenditure in a budget.
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balance certificate Share certificate provided to a shareholder who has hold some of his or
her holding. The certificate shows the lower number now held.
balance concentration In banking, the practice of consolidating the bank accounts of members
of a group of companies as a means of reducing bank charges.
balanced budget A balanced budget arises when the government receives the same
amount of money from taxation as it is spending. Classical economists
argued that this should always be the aim of government policy.
Keynesians on the other hand said that in times of low economic
activity the government should run a deficit (spending more than its
revenue) to boost the economy and when the economy was booming
they could run a surplus (spending less than revenue). In this way they
could balance the budget in the long-run.
balanced mutual fund Low-risk unit trust whose aim is to balance growth and income.
balanced scorecard Technique for measuring organisational success, usually with a view to
improving performance.
The method is to identify those factors which contribute to success
and rate their relative importance. Each factor has criteria set for
scoring. Thus it is possible to rate a performance, though much
subjectivity still remains.
balance of power Any arrangement where two opposing forces are matched with
sufficient equality to create a stalemate.
The term has been used politically since the 18th century and
became particularly important in relation to nuclear weapons in the late
20th century. The term can also be used in other contexts, such as
between commercial competitors.
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balance of probabilities Basis of proof in civil proceedings — you must prove that your case is
more likely to be true than not.
balance of revenue Additional revenue secured as a contribution to capital costs. The term
seems to have been exclusively used by the old Electricity Council.
balance of trade Difference between a country’s imports against its exports over a
defined period. This is also known as the trade gap.
balance off Add up both sides of an account and subtract one from the other to find
the balance. Such as determining how much a customer owes by
adding up invoices and subtracting payments and credit notes.
balance sheet audit Limited audit, now rarely performed, that checks only those items
which appear on the balance sheet.
balance sheet date Date to which the balance sheet refers, usually the last day of the
accounting period. Note that this does not refer to the date the balance
sheet is signed.
Significant developments that occur between the balance sheet date
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and signing the accounts may need to be noted in the accounts (FRS
21).
balance sheet hedge Hedge against the risk from translation of amounts in foreign currency
on the balance sheet.
balance sheet total Total of net assets as shown on the balance sheet. This represents one of
the measures of the value of a business, though if the business was to be
sold, a figure for goodwill would usually be added.
balancing allowance Capital allowance which represents the excess of written down value
over disposal proceeds.
balancing charge Negative capital allowance which represents the excess of disposal
proceeds over written down value.
balancing item Item introduced into a balance sheet or account to make it balance.
Baldwin, Stanley English politician (1867-1947) who was Chancellor of the Exchequer
from 27 October 1922 to 27 August 1923 under the Conservative
government of Andrew Bonar Law. He was prime minister from 7 June
1935 to 28 May 1937.
Balfour v Balfour Court case of 1919 which established that domestic agreements
between husband and wife are generally unenforceable as contracts.
balloon In banking, a large single sum as against regular payments. The term is
often used for loan repayments.
balloon loan Loan which is not repaid in regular instalments but as large amounts
(balloons) when funds become available.
balloon mortgage Mortgage where the last payment is significantly larger than the others.
Such mortgages are often for short periods such as five or seven years.
balloon payment Any financial arrangement where the last payment is significantly
larger than the others.
Baltic Exchange Place in London where, traditionally, shippers and ship brokers plied
for cargo.
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Baltic Futures Exchange London-based institution that specialises in chartering ships and aircraft
for freighting, and also deals in commodity futures, particularly in
foodstuffs.
banco Term once used to mean bank money of account, as distinguished from
currency.
band In finance, the commonest use of this word is a range of amounts for a
defined criterion, such as the range of pay for a particular grade of job.
Band D Equivalent The weighted number of domestic properties subject to Council Tax in
a local authority’s area. It is expressed as a proportion to Band D which
is the middle property band (e.g. 1 Band H = 2 Band D; 1 1/2 Band A =
1 Band D).
bang for the buck Colloquialism for measurement of the (usually high) return on an
investment.
bank A business that holds money for its clients, lends money at interest and
trades generally in money and financial products. The tax definition is
contained in Income and Corporation Taxes Act 1988 s840A.
The word originally meant a shelf or a bench where finance could
be transacted.
The tax treatment of banking profits is contained in Corporation
Tax Act 2010 from s635 and Income Tax Act 2007 from s837A.
bankable paper Document that a bank will accept as security for a loan.
bank account Arrangement whereby a bank holds funds and performs transfers for a
customer.
There are many different types of account. The commonest is the
current account where the customer has a cheque book, a paying-in
book and (often) one or more type of card for making payments or
withdrawing cash. The bank sends a statement, usually monthly, which
details these transactions with any charges or interest imposed by the
bank.
bank book Book provided by a bank or building society that shows the balance in a
person’s account. It is sometimes also called a passbook. Such books
have generally been phased out during the last decades of 20th century
in favour of statements and on-line facilities.
bank borrowing That part of a business’s debt capital that is funded by a bank.
bank card Any card issued by a bank for use by a customer. There are different
types include the cash card, cheque card, credit card and debit card.
Sometimes a card may perform more than one of these functions.
bank card association Body owned by banks to handle credit cards and debit cards. In the UK,
the main associations are MasterCard International and Visa
International.
bank certificate Document from a bank confirming the balances held by a customer on a
certain date. Such a certificate is often requested during an audit.
If the bank simply confirms the balances suggested by the auditor,
the document is better described as a bank confirmation.
bank charges Charges made by a bank to a customer for providing banking services.
Bank charges are imposed in one of three ways:
● direct charging as so much per cheque cashed, direct debit
etc;
● free banking, whereby no charges are imposed provided the
customer keeps within agreed terms. The bank makes its profit from the
interest it can earn on those accounts, charges for additional services it
may be able to provide, and penalty charges when the customer fails to
keep the terms; and
● charges for packaged bank accounts where a sum of
perhaps £10 a month is charged regardless of the number or amount of
transactions during the month.
Free banking and packaged bank accounts specify which
transactions attract no additional charge. Any additional service, such as
foreign currency conversion, usually attracts a separate charge.
If an employer pays an employee’s bank charges, that is regarded as
a taxable benefit in kind, as explained in the inspectors’ manual at
EIM01010.
Bank Charter Act Law introduced in 1844 after a series of banking crises. The Act gave
greater power to the Bank of England. Many provisions remain in
banking law today.
bank confirmation Document from a bank confirming that the balance held for a customer
is the figure first suggested.
If no figure was suggested and the bank simply advises the
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bank credit All overdrafts, loans and other borrowings from a bank.
bank discount Charge made by a bank for accepting a bill of exchange or similar
instrument before its maturity. The discount is usually a fixed
percentage of the bill’s face value.
bankers acceptance (BA) Financial instrument from a bank to facilitate commercial transactions.
bank examiner Person who reviews a bank’s operations on behalf of a regulatory body.
banker’s lien Legal right of a banker to hold a customer’s property as security against
repayment of a debt.
bank giro Method used by clearing banks which allows money to be transferred
rapidly between them.
bank giro credit (BGC) A one-off cash or cheque payment to an organisation or individual.
Processing a payment made using a Bank Giro Credit takes three
working days.
bank guarantee Undertaking by a bank to settle a debt if the debtor fails to do so. Such a
guarantee is good collateral for a loan, but the bank will usually want
good collateral to provide the guarantee.
bank holiday (1) Day on which a bank is allowed to close. The term now has the
same meaning as a public holiday.
There are eight public holidays in England and Wales, eight
different public holidays in Scotland, and ten public holidays in
Northern Ireland.
Public holidays are as determined by Bank and Financial Dealings
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Act 1971. These allow the Queen to declare additional days as bank
holidays. Such days have included the wedding of Prince William in
2011, and the Queen’s diamond jubilee in 2012.
Employees have no statutory right to have a day off work on such
holidays unless their contract so allows. The statutory right to 28 days
annual leave is based on four weeks of five days plus the eight bank
holidays, but none of these days need be bank holidays.
If an employee is required to work on a bank holiday, there is no
legal requirement to pay at a higher rate, though this is a common
practice.
(2) In the USA, the term means a day on which a bank is forced to
close as its obligations exceed its resources.
banking (1) Business of holding money for customers and lending money.
(2) Process of paying money into a bank account.
Banking Acts Banking Act 1979 and Banking Act 1987. These are the main laws
which regulate banks in the UK.
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banking book Record of the banking activities of a bank, as against its commercial
activities. This distinction is often made with regard to management
risk.
banking covenant Agreement made between a company’s creditors and its bank on the
levels of debt in which the company should operate. They are also
called debt covenant.
banking directives European Union directives which apply to banking. The Second
Directive is particularly important.
banking employment Term used to define the scope of those within the scope of bank
payroll tax.
banking partnership Body so registered under Financial Services and Markets Act 2000 Part
4. Such a body must produce accounts which comply with some of the
provisions of company law (Companies Act 2006 s470).
banking secrecy country Country that does not disclose details of banking arrangements to other
tax authorities. The use of such a country is one of the hallmarks of a
tax planning scheme of which taxpayers are advised to be wary.
bank interest rates The rates of interest which a bank charges for borrowing money from it
or saving money with it.
Typically the bank interest rate is calculated by reference to the
base rate set by the Bank of England.
The rate for a loan depends on the credit rating of the customer,
the purpose of the loan, the period of the loan and the amount of the
loan.
The rate for savings is usually also calculated by reference to the
base rate. For a customer, it will also consider the nature of the savings,
the notice period for withdrawing the savings and the amount of the
savings.
Borrowers should look at the annualised percentage rate (APR)
for comparison. Savers should look at the annual equivalent rate
(AER) for comparison.
The difference between the rates for borrowers and savers is known
as the turn. This generally widened during the 20th century and is now
at least four percentage points. There are however opportunities for
smaller turns, such as Zopa which offers a turn of just one percentage
point.
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bank loan Money lent to a customer by a bank, usually for a fixed period.
Such a loan is said to be either secured or unsecured. A secured
loan means that the bank may take ownership of some item of the
customer’s property if the loan is not repaid. A common example is a
mortgage. An unsecured loan does not have this security. An example
includes the balance on a credit card.
banknotes Legal tender issued by the Bank of England. These are now minted in
values of £5, £10, £20 and £50. Bank
The term also applies to notes issued by other banks which are
accepted as currency, particularly from Scotland and Northern Ireland,
though such notes, strictly are not legal tender.
Bank notes were originally receipts for gold. They acquired the
legal status of promissory notes, but are now legally currency with the
same status as coins following the decisions in Miller v Race [1791]
and Suffell v Bank of England [1882].
English bank notes were subject to stamp duty until 1972.
Bank of England The central bank for the United Kingdom (and not just England).
It was originally formed on 1694 as a private company to raise
funds for the government. Although given national responsibilities in
the 19th century, it was not nationalised until 1946.
The Bank has had responsible for setting interest rates since 1870,
though this was subject to significant government control until 1997
when the Bank was given sole charge for setting interest rates except in
a national emergency. This task is undertaken by the Bank’s
Monetary Policy Committee (MPC).
The Bank is also responsible for issuing banknotes which are legal
tender in England and Wales, and generally accepted as such in
Scotland and Northern Ireland. The Bank became the central banknote
issuer in 1844.
Before 1998, the Bank of England was also responsible for
regulating banks. This task is now administered by the Financial
Services Authority.
The legal definition is “as the context requires, the Governor and
Company of the Bank of England or the bank of the Governor and
Company of the Bank of England” (Interpretation Act 1978 Sch 1).
Bank of Ireland “As the context requires, the Governor and Company of the Bank of
Ireland or the bank of the Governor and Company of the Bank of
Ireland” (Interpretation Act 1978 Sch 1).
bank of issue Bank authorised to issue bank notes. Since 1921, only the Bank of
England may issue banknotes for use in England and Wales.
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Bank of Scotland (BoS) Scottish bank formed on 17 July 1695. It is the oldest bank in the UK,
and the only surviving company formed by the Scottish Parliament
before Scotland’s union with England in 1707.
The Bank of Scotland helped raise funds for the Jacobite rising in
1715. As a consequence it lost its monopoly of Scottish banking and the
Royal Bank of Scotland was formed.
The Bank acquired many other banks including Union Bank of
Scotland in 1955 and British Linen Bank in 1971.
Bank of Scotland was the first UK bank to use a computer, which it
installed in 1959.
In 2001, the Bank merged with Halifax, a former building society
which had become a bank, to form HBOS.
bank payroll tax One-off tax introduced by Finance Act 2010 Sch 1 to tax large bonuses
earned by bank workers.
bank rate “The main interest rate at which the Bank of England lends money to
financial institutions. This interest rate in turn affects the rates that
commercial financial institutions offer their customers for loans and
deposits. It is set each month by the Bank of England’s Monetary
Policy Committee (MPC).
(N.B. Also referred to as the ‘base rate’. The term ‘Bank Rate’ refers
solely to the rate set by the Bank of England. In other countries, central
banks use different terminology for their main interest rate).”
(HM Treasury glossary).
Before 1972, this was the equivalent of the base rate, namely the
rate of interest at which the Bank of England would discount first class
bills or make advances to a discount house. It was used for 270 years
from 1702. From 1932 to 1951 it remained at 2%, apart from a short
period in 1939.
In 2009, it reached a record low of 0.5%.
bank rate monitor index Weekly index of money market rates of US banks.
bank reconciliation Document produced to check accounting records against the bank
statement. Evidence of such reconciliations is usually an essential part
of demonstrating that the accounts have been properly prepared and
audited.
Bank Restriction Act Act of Parliament of 1797 that restricts the Bank of England’s ability to
exchange sterling notes for gold.
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bank run Rapid loss of deposits suffered by a bank, usually on a fear that the
bank is about to become insolvent.
bankrupt Either a person who has been subjected to the legal provisions of
bankruptcy, or an adjective describing such a person.
The term comes from the Italian for “broken bench” from the
practice of breaking the bench to show that a moneylender was unable
to continue in business.
bankruptcy When an individual has been legally declared insolvent. The individual
must give up most assets and pay what can be done. The bankrupt is
under restrictions until discharged.
bankruptcy hearing Formal hearing before a judge to check that the requirements of
bankruptcy have been followed.
bankruptcy petition Document which must be filed to make a person bankrupt. It is usually
filed either by the bankrupt himself or by a creditor.
bankruptcy proceedings
The legal process of bankruptcy.
Bankruptcy Reform Act American law of 1978 which made major changes to US bankruptcy
law. It gave greater protection to unsecured creditors and greater
powers to judges.
bank statement Document provided by bank showing transactions for a period. They
are usually issued each month. Very busy accounts may have a weekly
statement while accounts with few transactions may have statements
issued quarterly.
Most banks now also offer a facility whereby a customer can look at
their bank statement at any time on the Internet.
Bank statements should be kept. Most banks provide free folders for
this purpose. They should also be used for a bank reconciliation as
part of a person’s or individual’s financial control.
known as Cashwire.
Banque de France Central bank of France. It was established in 1800 and nationalised in
1946.
Bar Council Senate of the Inns of Court which regulate conduct of barristers.
Barber boom Description of the economy between 1972 and 1974 when Anthony
Barber (1920-2005) was Chancellor of the Exchequer.
The boom included increased government expenditure, reduced
taxation and led to 18% devaluation. The balance of payments
deteriorated, the money supply doubled and inflation was not reduced.
Barclays One of the Big Four banks in the UK, though it operates internationally.
The bank was formed in 1690, though it did not take the name of
Alexander and David Barclay until 1736.
bare head Description of coins whose obverse shows the monarch not wearing a
crown, as in the half-crowns of 1825 and 1826.
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bare licensee Person who occupies premises merely by the assent of an owner, such
as when hiring a room without a contract.
bare trust Trust where the beneficiary has an absolute entitlement to the trust fund
(or would do but for being under age or having an incapacity).
A bare trust can be created very simply, such as by giving someone
£1 to buy you an ice cream.
For tax purposes, a bare trust is regarded as though it did not exist.
Under see through provisions, the beneficiary as taxed as owner.
Common uses of a bare trust is when property is held for a beneficiary
who is under 18 (and who therefore cannot own property directly), and
a temporary arrangement before transferring an asset to another
beneficiary.
Provisions for capital gains tax are contained in Taxation of
Chargeable Gains Act 1992 s60.
Duties for self-assessment are set out in HMRC Brief 51/08.
bare trustee Person who possesses property belonging to another by a legal but
informal process, such as when lending someone a book.
The capital gains tax position is given in Taxation of Chargeable
Gains Act 1992 s60.
bargain (1) A transaction for the purchase or sale of securities between two
members of the London Stock Exchange
(2) Any transaction involving money agreed between two people.
Colloquially, the term is used more specifically for such a transaction
which one person considers favourable to himself, such as goods which
are less expensive than expected.
Baring, Francis British Whig politician (1796-1866) from the banking family, who was
Chancellor of the Exchequer from 26 August 1839 to 30 August 1841.
barometer stock Share price or other security that is regarded as being a reliable
indicator of the state of the financial market.
barrels per day (bpd) Standard measure of oil production for a particular oil field.
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barrier option Exotic form of option where the value depends on whether the
underlying security passes a particular price. The most common types
are knock-in and knock-out options.
barter A trade when two people provide each other with goods or services
rather than paying cash. Someone growing apples may agree to swap a
quantity of them for potatoes grown by someone else.
Barter was the only means of trade before the invention of money.
The main problem with barter is the requirement for coincidence of
supply. This means that you can only sell your apples to someone who
wants them if that person can provide something you want.
Barter is still widely practised. For example, many computer
websites have barter agreements whereby two or more companies agree
to promote each other’s facilities.
For most tax purposes, a barter is regarded as two sales. As such
they should be valued for the purposes of value added tax and income
tax or corporation tax.
base (1) Numerical standard. Measures such a FT-SE 100 index and the
Retail Prices Index take a date and adopt a base of 100 or 1000 for that
date. The index is then subsequently calculated using the same
methodology to provide a simple comparison. So if a later index is 124,
it shows that there has been a 24% increase since the base was adopted.
(2) In logarithms, the base is the number to which the number which is
raised to a power which becomes the logarithm. So, for a base of 10,
the logarithm of 100 is 2.0 as 100 is the base of 10 raised to the power
of 2.
(3) Place from which a person operates, such as the headquarters or
head office of a business.
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base metal Metal of little worth, such as nickel or iron, particularly in relation to a
precious metal.
base rate The minimum rate at which banks are prepared to lend money to each
other. Other borrowers and lenders usually pay a rate higher or lower
respectively.
In practice the base rate is set by the Bank of England. This acts as
the benchmark for setting all other interest rates.
The base rate is sometimes called the repo rate.
base stock Method of valuing stock where a number of units are valued at a fixed
amount, and a different method is applied for additional units. This was
held not be an acceptable basis for tax purposes in Patrick v Broadstone
Mills Ltd [1953] 35TC44 and other cases. The matter is discussed in the
Inspectors’ Manual at BIM33125.
base value The enhanced acquisition cost of development land, as used for
development land tax between 1976 and 1985.
base year The first year of an index against which subsequent years are
compared.
basic allowance For employment support allowance, a set rate paid during the
assessment phase, usually for 13 weeks.
This is followed by the main phase when the basic allowance may
be supplemented by support component or work-related activity
component.
basic balance In economics, the balance of a nation’s current account plus long-term
capital accounts.
basic case For tax tribunals, a case “which will usually be disposed of after a
hearing, with minimal exchange of documents before the hearing” (The
Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules SI 2009
No 273 rule 23(2)(b)).
basic commodities Farm produce produced in large quantities, such as corn and sugar.
They may be subject to special trading arrangements for commodities.
basic earnings assessment Assessment that an employer may be required to conduct at the
beginning of tax years from 2011/12 when an employee is provided
with childcare vouchers. This only applies to employees who start
receiving such vouchers after 5 April 2011.
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basic pay Amount a person is entitled to receive for his or her normal work. This
may be supplemented by bonuses, commission, overtime or similar
payments.
basic products In the Common Agricultural Policy (CAP), a product of the soil, of
stock-farming and of fisheries, shown in Annex I to the Treaty of
Rome. The term also covers goods which are the result of first stage
processing of certain basic products.
basic rate A rate which generally applies unless conditions apply for another rate.
In particular, the term is used for the main rate of income tax. From
6 April 2008, this is 20% and is charged on the first slice of taxable
income, after which the higher rate applies.
In employment, the term is used to mean the amount an employee
receives for his normal hours of work. This may be subject to higher
rates for overtime, on-call or unsocial hours.
basic rate limit Slice of income subject to the basic rate of income tax.
basic rate of income tax Main rate of income tax, which is above any marginal rate and below
any higher rate or rates.
basic rate taxpayer Someone who pays income tax at a rate no higher than the base rate.
basic records Minimum financial records that must be kept by a business to support
its tax returns.
Guidance is provided by HMRC at http://www.hmrc.gov.uk/sa/rec-
keep-self-emp.htm.
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basis amount In pensions, the amount calculated for determining the maximum level
of unsecured pension or alternatively secured pension (and their
equivalents for dependants) from a money purchase arrangement. The
amount is basically the lifetime annuity which such a pension
arrangement could secure.
basis of assessment Method for determining how some financial liability is to determined.
In particular, it determines the financial period for which a direct tax
(such as corporation tax) should be charged.
basis period Period of a trade for which an income tax or corporation tax assessment
is made.
From 1994, the basis period for a trade is the current year basis.
Previously it was the previous year basis, subject to some transitional
provisions.
The main tax law is contained in Income Tax (Trading and Other
Income) Act 2005 from s198. A provision relating to loss relief is
contained in Income Tax Act 2007 s61.
basis point One hundredth of a percentage point. So if an interest rate moves from
4.63% to 4.67%, it has increased by four basis points.
basis risk Risk associated with imperfect hedging using futures. Such risk arises
because of a difference in the price of the future and the price of the
underlying asset, or because of a mismatch in selling dates.
basis swap Exchange of two financial instruments where each has a variable
interest calculated on a different basis.
basket of currencies Economic term for a fictitious currency created by valuing a weighted
mixture of currencies against which other currencies may be compared.
This has now been replaced by the real currency of the euro which is
valued on the same basis.
bastard Illegitimate child. This meaning has now largely been abandoned in
popular use in preference to its pejorative meaning.
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batch costing Method of calculating the price of one item as part of a batch of items
produced at the same time.
battery For VAT, this is generally standard-rated. It cannot come within the
scope of a reduced-rated supply of domestic energy (VAT notice
701/19).
battle of the forms Term sometimes used to describe the position when companies trade
using standard forms, each of which has printed conditions claiming
precedence over the other. The general rule is that the last document
issued by one side prevails, however there are exceptions. The matter
was considered by the Court of Appeal in Butler Machine Tool Co Ltd v
Ex-Cell-O-Corp (England) Ltd [1979].
baud Measure of the speed of data processing. One baud equals one bit per
second.
bauf-week Old term used by pit workers in Durham for the week in which the
fortnightly-paid receive no pay.
BAX contract Canadian derivate product, usually with a maturity of three months.
Bay Street Street in Toronto where the stock exchange is. The term is sometime
used to mean the exchange itself, or the exchange and related financial
institutions.
B2B (Business-to-Business)
Website or other computer facility targeting other businesses rather than
consumers.
BCD credit institution “Credit institution that has its registered office (or, if it has no registered
office, its head office) in an EEA state, excluding an institution to
which BCD does not apply under article 2” (FSA glossary).
B&CR Bankruptcy and Companies Winding-Up Cases, law reports from 1915
to 1942.
bear covering Situation where a bear who has sold securities he does not own is now
buying them to cover his position.
beard tax Tax imposed in Russia between 1672 and 1725 by Peter the Great who
wanted his citizens clean-shaven.
bearer Person who has something, particularly something he can use, such as a
bank note or a bearer bond.
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bearer bond Bond which is payable to whoever has possession of it, and not to a
named individual.
bear hug An indication to the board of a target company that an offer for it is
being considered.
Particular forms are known as strong bear hug and teddy bear
hug.
bear market A stock market where prices are falling or expected to fall. The
opposite is a bull market.
bear position A short position in securities, such as selling shares you do not own
with a view to buying them later more cheaply.
bear raid Heavy short selling by one or more big traders in the hope that this will
force down prices, allowing them to buy back the securities at a lower
price.
bearskin jobber Old name for someone who sells shares he does not yet own, what we
now call simply a bear.
It has been suggested that these terms come from the saying that
such a person “sells the skin before he has caught the bear”.
bear slide Sharply falling financial market, usually caused by a bear raid.
bear spread A position in the bond market that is long in short-dated securities, and
short in long-dated securities. This allows the position to benefit from
any fall in the security prices. If the yield curve becomes steep, the
position can be closed out at a profit.
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bear trap Short-term dip in the price of a share or other security which tempts an
investor to believe that there is a bear market and act accordingly.
beati possidentes Latin: blessed are those who have [for they shall receive].
The legal aphorism that possession is nine points of the law.
beat the bushes Business jargon for moving to an unconventional or rural area.
Beav Beavan’s Reports, law reports of the Rolls Court from 1838 to 1866.
bed and breakfast (1) Form of hotel type accommodation where a person is provided with
the basic facilities of a bed and a breakfast.
(2) A form of tax avoidance before 6 April 1998 which allowed a
security to be sold one day and reacquired the next as a means of
reducing a person’s liability to capital gains tax. This arrangement is
no longer effective.
The tax provisions are now contained in Taxation of Chargeable
Gains Act 1992 from s105. The topic is also addressed in IR
interpretations 218 and 224.
beer “Includes ale, porter, stout and any other description of beer, and liquor
which is made or sold as a description of beer or as a substitute for beer
and is of a strength not exceeding 0.5%...” (Alcoholic Liquor Duties
Act 1979 s1(3)). The section exempts black beer.
Beer brewed for private consumption is exempt (ibid s41).
beer Any drink with an alcoholic strength of at least 1.2% which involves
brewing with hops, or any equivalent drink (other than cider or perry).
Strictly ale is any drink made from brewing, and beer is ale which uses
hops, though such distinctions are not always observed. Beer includes
many variations such as bitter, mild, brown ale, lager and stout.
Beer is subject to excise duty on alcoholic liquor though at the
lowest rate. From 1 June 1993, the strength of beer is determined as
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beer and ale duty Excise duty introduced in the Civil War. It is still charged though now
known as beer duty, a category of alcoholic liquor duty.
Beer and ale were the common day-time drinks until tea and coffee
replaced them. The charge was per barrel brewed. There was a separate
duty on hops at 2s per hundredweight home-grown, and 10s imported.
beer-based mixed drink Term used in Customs notice 226 for a drink made by mixing beer with
another alcoholic drink other than spirits. Provided the result has a
strength no greater than 5.5%, it is dutiable as beer. Above 5.5%, it is
taxed as wine.
If mixed with spirits in anything other insignificant quantity, it is
taxed as spirits regardless of strength.
beer class One of four classes of beer used to determine the rate of beer duty.
The classes are:
• A: bulk beer held on the same or adjacent premises at which
it was produced
• B: packaged beer held at the same or adjacent premises at
which it was produced
• C: bulk beer which was produced elsewhere
• D: packaged beer which was produced elsewhere.
(Customs notice 226).
beer duty Alcoholic liquor duty that is charged on beer. The provisions are
explained in Customs notice 226.
beer duty receipt Receipt provided by a consignee when beer is moved under duty
suspension. From 1 January 2011, such a receipt is not always
required, as explained in Customs notice 226.
beer duty return Form that must be submitted, usually monthly, in relation to beer duty.
The standard form is EX46.
beer packager Person who packages beer but does not produce it. Such a person
should register for duty suspension, as explained in Customs notice
226.
beer production account Requirements under Revenue Traders (Accounts and Records)
Regulations 1992 that must be kept by a brewer.
They require the brewer to record actual production for the previous
year for each month, and to estimate production for the current year.
Details which have the force of law are given in Customs 226.
beer regulations Regulations issued under Alcoholic Liquor Duties Act 1979 s49
regarding the administration of beer duty. The Regulations are SI 1993
No 1228 as amended by SI 1995 No 3059.
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Belfox Belgian Futures and Options Market. It was opened in April 1991, is
based in Brussels, and trades in Belgian government bond futures and
stock index options.
belong Requirement for claiming capital allowance, namely that the asset must
belong to the taxpayer (Capital Allowances Act 2001 ss167-170). This
was demonstrated in the case Stokes v Costain Property Investments Ltd
[1984] where a tenant was not able to claim for plant installed in the
landlord’s premises. This provision has now been amended.
belongings For Customs purposes, “the goods you keep for your personal use, for
example caravans, bicycles, clothing, cameras, furniture, pets and riding
animals” (Customs notice 3). Alcoholic drink, tobacco products and
tools of trade are excluded.
below par For less than its nominal value. If a share with a nominal value of 25p
sells for 20p, it is below par.
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below the line Items such as extraordinary items and payments of dividends. The
line is net profit after tax in the profit and loss account. Items below
the line relate to how the profit is applied rather than to how it has been
calculated.
Businesses may try to put expenses below the line and income
above the line as this maximises the reported profits.
Benchers Governing body of each of the four Inns of Court which admit
barristers.
benchmark bond Bond that is regarded as a reliable indicator of the general market.
benchmark index Index or similar measure against which the performance of a particular
type of fund is measured.
benchmark price Price of an item which is regarded as a benchmark for other items,
particularly a commodity or oil.
benchmark scale rate Rate published by HMRC on its website setting recommended rates for
accommodation and subsistence for employees when on business
overseas without the employee needing to produce receipts.
beneficial interest Where a person has any kind of financial stake in an asset, business or
venture, regardless of whether that beneficial interest is formally
recognised.
beneficial joint tenancy Having the benefit of a joint tenancy. This is where the joint owners
have an identical interest in the property. The death of an owner causes
his or her to pass to the remaining owners under survivorship.
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beneficial loan Loan that is either interest-free or where interest is charged at a low
rate. If such a loan of at least £5,000 is made by an employer to an
employee, the amount of interest foregone may be taxable as a benefit
in kind.
In tax law, it is called an employment-related loan.
beneficially entitled Term used to describe what comprises a person’s estate for the
purposes of inheritance tax. It comprises all assets to which the
deceased was beneficially entitled immediately before death.
beneficial occupier Person who occupies a property but does not fully own it.
beneficial owner Legal term for the person who derives the real benefit of ownership
rather than the nominal owner. Typically the nominal owner exercises
the rights of ownership in accordance with the wishes of the beneficial
owner.
Such arrangements are usually used in two situations:
● where the beneficial owner wishes to conceal his or her
identity; or
● for administrative convenience.
Concealing a person’s identity may comprise fraud depending on
the circumstances. It can be legitimate in some circumstances, such as
where a beneficial owner fears that a price would be inflated if his real
identity was known.
Administrative convenience includes most forms of trusteeship and
nominee accounts.
beneficial owner Person who is regarded as the real owner of an asset, even though the
asset may be in someone else’ name, such person being the nominal
owner.
The term is also sometimes used to mean the rights of a beneficiary
of a trust.
beneficiary Person who receives property or other benefit from a trust, will or
intestacy.
For social security, “in relation to any benefit, means the person
entitled to that benefit” (Social Security Contributions and Benefits Act
1992 s122(1)).
beneficiary’s income The taxation of a beneficiary company’s interest in an estate is set out
in Corporation Tax Act 2009 from s943.
funds and then claim £300,000 from the estate which would be covered
by the exemption from spouses. Under s29A, this is no longer of effect.
The exemption is abated to the net benefit received by the wife.
benefit cap Maximum amount of social security benefit that may be paid to a
household under Welfare Reform Act 2011.
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benefits cap Maximum amount of social security benefits that a household may
receive. It is proposed to introduce this cap in 2013. The cap will be set
at median household earnings, estimated at around £500 a week.
benefits code Tax term for Chapters 3 to 7, 10 and 11 of Income Tax (Earnings and
Pensions) Act 2003. These determine how benefits in kind are taxed.
benefit year Year in which contributory social security benefits are paid in respect of
a contribution year or years.
This is defined in Social Security Contributions and Benefits Act
1992 s21(6) as beginning from the first Sunday in January, to the
Saturday before the first Sunday in the following January.
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benevolent society Friendly society formed for the objects of benevolence or charity.
bequeath Leave money or assets in a will. The items left are a bequest.
Strictly speaking, land is devised and not bequeathed.
bequest A sum of money or other property available upon the donor's death.
bereaved minor Person under the age of 18, at least one of whose parents or step-parents
has died.
It may be possible to set up a tax-advantaged trust for a bereaved
minor (TBM) for such a beneficiary.
bereavement Loss when someone close dies. Consequences of death are explained in
that section.
A husband, wife or civil partner of someone who dies may be
eligible for some of these social security benefits:
● bereavement payment: a lump sum;
● bereavement allowance: weekly benefit paid to surviving
partners who are at least 45, for 52 weeks; and
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bereavement allowance Social security benefit paid for 52 weeks to a young widow, widower or
surviving civil partner.
A person cannot receive bereavement allowance and widowed
parent’s allowance at the same time. In practice a person receives
bereavement allowance when their entitlement to widowed parent’s
allowance ends.
The main conditions for receiving the allowance are:
● the partner died after 8 April 2001;
● the claimant was at least 45 years old when the partner died;
● the claimant is still under state pension age;
● the partner died within the last 52 weeks; and
● the partner either had sufficient national insurance record or
died from an industrial injury or disease.
bereavement payment Lump sum social security payment (currently £2,000) paid to a widow,
widower or surviving civil partner.
The main conditions are that:
● the partner died after 8 April 2001;
● the late partner had sufficient national insurance record;
● the claimant was under pensionable age when their partner
died (or was over pension age but not entitled to a state pension);
● any claim is made within 12 months of death.
From 24 September 2007, it may not be necessary to make a claim
as payment will be made automatically.
Entitlement is not affected by the remarriage of the claimant.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
bereft Word that originally meant “bereaved”. It is now more widely used, but
is still restricted to something that a person once had.
Berlin white beer Form of black beer which is exempt from alcoholic liquor duty
(Alcoholic Liquor Duties Act 1979 s4(1)).
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bespoke retail scheme For VAT, an arrangement which allows large businesses, which are
ineligible to use published retail schemes, to agree with HMRC a
method for accounting for VAT on retail supplies.
best effort American term for a new issue which is not underwritten but simply
sold for whatever price can be achieved.
best execution The obligation placed by the London Stock Exchange on a broker to
obtain the best deal for a client in any transaction. This means the
highest price for a seller and the lowest price for a buyer. In practice
this is administered by SEAQ.
best judgment assessment Tax assessment made by the HMRC in the absence of any or sufficient
information from the taxpayer. The inspector is required to make such
an assessment to the best of his judgment.
best price (1) In marketing, a price that is not likely to be bettered by the seller.
(2) In investing, an order to buy a security at the best price possible.
bet “A bet is merely an irrational agreement that one person should pay
another person on the happening of an event” (Evans v FCT [1989],
Australian case). This held that betting is not a trade. However
organising oneself to take bets is a trade. This matter is discussed in the
Inspectors’ Manual at BIM22016.
An exception is where a bet is related to a trade, such as placing a
bet to hedge against a downturn in trade, such as a fall in a share index.
beta coefficient Measure of the volatility of the share. This is also known as the beta
factor.
better-of-two-assets option
An exotic option where the payment is on the better of two underlying
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securities.
BHRC Butterworth’s Human Rights Cases, a book of court cases that was first
published in 1996.
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bid Either an offer to buy shares (or indeed, anything else) or the highest
price at which a person is prepared to pay for them. The term is also
used for a takeover bid.
bid basis Pricing policy of unit trusts where the bid price is reduced to encourage
sales.
bid market Market where there are more bids to buy than offers to sell.
bid offer Shares, units in unit trusts and other investment vehicles are bought at
one price and sold at another. The higher price is called the 'offer price'
since this is the price at which the unit trust company or other
institution offers the security for sale. The lower price is called the 'bid
price' and is the price at which the investor can sell the security back to
the institution in question.
bid-offer spread The difference between the bid price and offer price for a security.
This spread must be quoted by market makers. The bid price is the
price at which the security will be bought; the offer price at which it
will be sold.
The bid-offer spread is determined by the underlying price of the
security, its sector; its liquidity; any likely takeover and any other
factor which the market maker considers relevant.
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There is a limit to the spread set out in Financial Services Act 1986.
bid price Price at which a market maker or broker is prepared to buy shares or
other securities.
bid valuation Where unit trust managers value bids and offers according to the actual
sale cost of the holdings within the fund.
biennial bond Bond in which the first coupon payment is made after two years.
Big Bang Radical change in the way the London Stock Exchange operates
which took effect on 27 October 1986.
The main changes were:
● screen-based computer trading largely replaced floor
trading;
● rules on owning stockbroker firms were relaxed, with the
result that many were bought by banks;
● stockjobbers were replaced by market makers who
performed a similar but no identical role.
These reforms were followed by Big Bang 2 in 1997.
The term comes from a theory postulated in 1950 as to how the
universe was created. From this, the term came to mean any change
which is introduced suddenly in one go and which is not phased in.
Big Bang 2 Change in the way the London Stock Exchange operated, which
took effect on 20 October 1997. The main changes were:
● moving from a quote-driven system of trading to an order-
driven system;
● introducing the electronic order book known as SETS which
cut out the middleman, replacing market makers with retail service
providers.
Big Five The five largest accounting practices which dominated the profession
until 2001 when Andersens disappeared in the wake of the Enron
scandal.
Big Four (1) The four largest accounting practices which have dominated the
profession since 2001, namely: PriceWaterhouse Coopers, Deloitte and
Touche, KPMG and Ernst & Young.
(2) The four largest British banks, namely Barclays, Lloyds TSB,
HBOS (Halifax and Bank of Scotland) and Natwest (owned by Royal
Bank of Scotland).
(3) The four largest Japanese security houses: Daiwa, Nikko, Nomura
and Yamaichi.
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Big Society Flagship policy of Conservative party in 2010 General Election which
has been adopted by the subsequent coalition government.
Its aim is “to create a climate that empowers local people and
communities, building a big society that will ‘take power away from
politicians and give it to people’” (Government press release 18 May
2010).
bilateral credit Credit that banks allow each other while cheques are being cleared.
bilateral netting An agreement between two parties that transactions between them will
be netted off and settled by a single payment. Such arrangements may
be made between two businesses or between a business and its bank.
bill Written document, particularly a formal one. The word originally meant
a document served under seal.
Today, the word on its own usually means an invoice or other
document which details sums the recipient is expected to pay. This may
be an unpaid invoice or charges which otherwise, such as for damage
done.
The term is also used almost colloquially to denote the charges
which a person has agreed to pay but whose exact value is not known at
the time, such as a telephone bill or restaurant bill.
Other uses of the word are as an abbreviation for a specific type of
bill, such as bill of exchange or bill of lading, depending on the context.
billeting allowance Payment from the government to billetors of children during the
second world war. The amount was initially fixed at 8s 6d a week.
billing authority The local authority, which collects the council tax. It may do so on
behalf of itself and other authorities. Those other authorities serve a
precept on the billing authority.
billion (bn) This now means one thousand million, which can be expressed as 10003
or 109, or 1,000,000,000. This comprises 1 followed by nine noughts.
In the UK it originally meant one million million or 1012 — a
thousand times greater than the current meaning. The new meaning of
billion was conveyed by the word milliard.
This change of meaning can cause problems if looking at old
documents which refer to billions.
bill of adventure Written statement by a merchant stating that goods shipped in his name
belong to another.
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bill of exceptions Statement of the objections of a litigant to the decision of a judge. This
procedure was abolished in 1852 in favour of simply asking for a new
trial.
bill of exchange “An unconditional order in writing, addressed by one person to another,
signed by the person giving it, requiring the person to whom it is
addressed to pay on demand or at a fixed or determinable future time a
sum certain in money to or to the order of a specified person, or to
bearer” (Bills of Exchange Act 1882 s3).
A cheque is a specific form of bill of exchange. Other bills of
exchange are now rare as other means of payment have proved more
convenient and reliable.
bill of health Document once signed by port authorities to certify that there was no
infection on board. This was also known as a clean bill of health,
which expression has become a metaphor.
bill of indictment Legal procedure before 1933 which accused a person of a crime, which
accusation was tried for a possible indictment.
bill of peace Bill which could once be filed in the Chancery division of the High
Court to restrain proceedings between litigants.
Bill of Rights (1) Act of Parliament in 1689 which asserts the rights of Parliament
against the monarch.
(2) In USA, the first ten amendments to the Constitution, made in 1791.
bill of sale Document which a seller gives to the buyer to show that a sale has
taken place.
Bills of Sale Act 1878 extends the scope of the Act to many more
documents.
A bill of sale cannot be registered unless stamped (Stamp Act 1891
s41).
bill of sight Entry once made by an importer of goods who is unable to make a
proper Customs declaration immediately.
bill of store Old form of licence issued by Customs which allowed British goods to
be reimported.
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bill rate Rate at which bills of exchange are discounted in the market.
bimetallic Being made of two metals, such as the British two-pound coin.
binary prefix Alternative series of prefixes used to define storage capacity for
computer data. The prefix replaces the second syllable of the ordinary
decimal prefix with the letters “bi”, so kilobyte which means 1000
bytes becomes a kibibyte which is 210 bytes, which is 1024 bytes.
bin card Stock record card held in a stores or warehouse which records receipts,
issues and stockholding of an item of stock. They have now largely
been replaced by computerised records.
bind To tie, either physically (as with string) or metaphorically (as in making
an agreement from which neither party may withdraw).
binding information Statement from HMRC on the rate of customs duty payable. Provided
the request was made honestly and properly, the statement is binding on
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binding in honour only Words on an agreement which create an honour clause. This means
that the agreement is not a contract that binds the parties.
binding precedent Decision of the court which must be followed in a later court case if
the facts are the same. This decision must be stated in the ratio
decidendi of the court, and not in its obiter dicta.
A litigant may argue that a precedent should not be followed in a
particular case if it can be distinguished. Otherwise a binding
precedent can only be overturned by a decision of a higher court or by
legislation.
bingo Popular gambling game where cards are issued with a selection of
(usually) two-digit numbers which are then called out at random. The
first person to have all their numbers called is the winner.
For licensing, bingo, “means any version of that game, irrespective
of by what name it is described” (Gambling Act 2005 s353).
The game is subject to bingo duty.
bingo duty Duty which, from 27 October 2003, is charged at 15% of a bingo
operator’s profits. Previously the duty was a lower percentage of profits
plus a share of amounts staked. Small operators may be exempt.
The law is contained in Betting and Gaming Duties Act 1981 as
amended, Finance Act 2003 s9, and Bingo Regulations SI 1988 No
333, all as amended.
bingo operating licence Licence issued by Gambling Commission to someone who provides
facilities for playing bingo (Gambling Act 2005 s65(2)(b)).
bingo promoter Person who promotes the playing of bingo and who is liable to pay
bingo duty.
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biodiesel Equivalent to diesel oil which is produced from either biomass or waste
cooking oil. It qualifies for a reduced rate of hydrocarbon oil duty
provided it:
● can be used as a substitute for diesel;
● has an ester content of at least 96.5% by weight; and
● has a sulphur content of 0.005% or less by weight.
biometric information “In relation to an individual means data about his external
characteristic, including, in particular, the features of an iris or of any
part of the eye” (Identity Cards Act 2006 s42(1)).
BIP Border Inspection Post - control point at the place of importation into
the European Union (EU) where Products of Animal Origin (POAO)
and live animals are subject to veterinary checks.
BIPRU Prudential Source Book for Banks, Building Societies and Investment
Firms.
bird For VAT, birds are standard-rated unless sold as food, such as certain
species of fowl. Bird food is standard-rated unless sold for poultry or
game birds (VAT notice 701/15).
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bird net Net containing peanuts or similar, hung up to feed wild birds. They are
standard-rated (VAT notice 701/15).
birth certificate Prompted by need to know a child’s age when working in a factory.
birthday Day when a person was born, and the anniversaries of that date.
For legal purposes, a person’s birthday starts immediately after
midnight on the day, regardless of when in the day a person was born.
birth sex Whether a person is born male or female. A person retains that sex for
life until they have a gender reassignment, which is now recognised
for all legal purposes, including for tax.
biscuits For VAT, biscuits are generally zero-rated as food. Chocolate biscuits
are standard-rated (VAT notice 701/14). Biscuits for cats and dogs are
standard-rated (VAT notice 701/15).
bis dat qui cito dat Latin: he gives twice who gives promptly. (Proverb by Bacon)
Blackacre Fictitious piece of land widely used in legal texts. Its existence is
similar to the widget.
black beer “Means beer of the description called or similar to black beer, mum,
spruce beer or Berlin white beer, and any other preparation (whether
fermented or not) of a similar character (Alcoholic Liquor Duties Act
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black economy That part of a nation’s trade which is unofficial. It is usually also illegal
as it is not declared for tax.
black list List of people, organisations or products that are banned or restricted in
some way. Many types of black list are now illegal.
blackmail Criminal offence committed “if, with a view to gain for himself or
another or with intent to cause loss to another, he makes any
unwarranted demand with menaces; and for this purpose a demand with
menaces is unwarranted unless the person making it does so in the
belief —
(a) that he has reasonable grounds for making the demand; and
(b) that the use of menaces is a proper means of reinfocing the
demand”
(Theft Act 1968 s21).
The equivalent offence in Scotland is called extortion.
From 30 November 1993, payment of blackmail is a criminal
payment and therefore not allowed as a tax deduction under
Corporation Tax Act 2009 s1304. This disallowance applies even where
there is no criminal intent by the payer.
The matter is discussed in the Inspectors’ Manual at BIM 43160.
Black-Scholes Method for valuing options using a mathematical formula. The method
is complex. It involves constructing a portfolio using delta hedging to
create the same cashflows as the option.
blanket policy Insurance policy which has one maximum sum payable but does not
specify individual maxima for items covered. It is often used to insure a
fleet of vehicles.
blank form Form which indicates what details are required and where they are to be
written.
blank transfer Transfer of shares or similar securities where the name of the transferee
has not been entered. Such a transfer document may be required when
shares are offered as a security for a loan.
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bleed white Colloquialism referring to heavy extortion, from the analogy of a body
from which all blood has been drained.
blemishing the peace Conduct which, though not a criminal offence in itself, can justify a
court to require a person to provide a surety for good behaviour.
blende Mineral, particularly zinc sulphide. The term comes from the German
word meaning to deceive, as the mineral looks like galina.
blended funds Mixed funds from different sources, particularly when they derive from
different provisions of a will.
blending of liquors Mixing two or more alcoholic liquors to make a saleable alcoholic
drink. The tax provisions for blending are contained in Alcoholic
Liquor Duties Act 1979 s66A.
blet Natural internal decay in products like fruit, leading to a significant loss
in value.
Bligh Bligh’s Reports, law reports of the House of Lords from 1818 to 1821.
blind Unable to see. Such a person may claim blind person's allowance.
blind trust Trust administered for an individual on the terms that the individual
does not know what the trust is doing.
A blind trust is often set up for individuals when they are elected or
appointed to political or public office. By not knowing in what
businesses the blind trust has invested, allegations of favour to those
businesses are avoided.
blocked account Account which cannot be used because of a restriction imposed either
by a court or by a law.
blocked currency Currency whose use is controlled by the government, usually restricting
its use to within the country.
This is often done by countries with a poor economy as a means of
hiding the low value of the currency. A blocked currency often has an
official exchange rate which is much higher than is otherwise justified.
Currency which is not blocked is known as convertible currency.
blocked earnings Tax term for earnings which cannot be received because of restrictions
imposed by a foreign government.
An election may be made for such earnings not to be taxed under
Income Tax (Earnings and Pensions) Act 2003 s36.
blocked input tax Input tax that is always non-deductible, such as that on business
entertainment and some cars.
block grant Old term for the sum which central government provided to a local
authority. It is now known as formula grant.
block positioner Broker or dealer who acts as the other party in a sale for a large number
of shares or other securities.
block trade Buying or selling a large number of shares or other securities in a single
transaction.
block transfer In pensions, the single transfer of all sums and rights from one pension
scheme to another in respect of a group of members. This often happens
when a business is taken over.
The transfer is from a transferring scheme to a receiving scheme.
The main conditions permitting a block transfer are:
● every member transferred must have been a member for at
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least 12 months;
● if the receiving scheme is a personal pension scheme, the
membership period excludes any period where the benefits paid into the
transferring scheme were only contracted-out rights;
● all the sums must be transferred from one transferring
scheme to one receiving scheme;
● the transfer must be made under a single agreement, but need
not be transferred on the same day.
block vote System where one person is allowed to cast a large number of votes on
behalf of other people, such as when trade unions cast votes at their
conferences based on the size of their membership.
blodwyte Fine or compensation for shedding blood. Historically this was paid to
the lord of the manor who passed some to the injured person or their
relatives.
blood money (1) Money paid by a killer to his victim’s next of kin.
(2) Money paid to an informant to convict a person of a capital offence.
Judas Iscariot was given blood money for betraying Jesus.
bloodbath Boxing slang for an unequal split where the manager receives a much
larger share of the money than the boxer.
bloody code Criminal law of the 18th century which had a long list of capital
offences, such as stealing anything from a person.
blot Drop of ink which dries on a paper, leaving an ugly stain and which
may obliterate writing. This has become less common with modern
writing implements.
In bookkeeping, any figure concealed by a blot must be written
again, indicating where it refers. If a large amount of information is
concealed by blots, the text should be written again, clearly indicating
this. In all cases, the original text should be left legible, and there must
be no doubt as to which entries are to be regarded as original.
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blue badge Indication for cars indicating that it is carrying a disabled person who is
entitled to use special facilities such as reserved parking bays.
The presence of such a badge helps to determine that the car is for a
person with disability. This attracts certain tax benefits.
Blue Book (1) In the UK, annual government publication detailing national
statistics relating to the economy.
(2) In USA, a document prepared for the Federal Reserve that reviews
monetary policy.
blue button Name once used for a trainee market-maker. He is allowed to collect
prices but not to transact bargains.
blue channel Customs term for the exit at ports and airports to be used by travellers
from the European Union who are carrying no banned or restricted
goods.
blue chip Term denoting a large, safe and respected company. Such a company is
usually regarded as safe and reliable. The term comes from the colour
of chips used in a casino.
blue chip out Where a company does not seek a stock market quotation of its own,
but is bought out by a blue chip company.
blue list Daily list of municipal bonds and their ratings, produced in the USA by
Standard and Poor’s.
blue sky laws American state laws which protect investors from fraudulent traders.
board and lodging Provision of meals and sleeping accommodation. The tax treatment for
employees is explained in the inspectors’ manual at EIM01020,
If an employee is provided with “self-contained living space”, a tax
charge will probably arise under Income Tax (Earnings and Pensions)
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Act 2003 s97, unless within an exemption. Otherwise s97 does not
apply to board and lodging.
Board of Green Cloth Body which controlled royal finances until 1782.
Board of HMRC Board of HM Revenue and Customs. The body formed in 2005 which
controls the UK taxing authorities.
Board of Inland Revenue Body that controlled the authority for dealing with direct taxes. In 2005,
it was merged with Customs and Excise to form the Board of HMRC.
Board of Trade Body first formed in 1889 to regulate matters relating to trade and
foreign plantations. This became a function of the Department of Trade,
later the Department of Trade and Industry, and now Department for
Business Enterprise and Regulatory Reform.
board wages Wages paid to servants which included money for them to buy their
own food which was not provided by the master.
bob Slang for a shilling, used from around 1800 to the coin’s replacement in
1971.
bodily functions For the purpose of disability living allowance, this includes washing,
dressing and going to the toilet. A person who has difficulty with such
functions may be entitled to the care component of this allowance.
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boilerplate The standard terms which apply to all contracts or other forms of
agreement.
In accountancy, it particularly refers to the practice of using a
general description for an accounting practice rather than describing
what has happened. Such descriptions do not always accurately
describe the practice. The Financial Reporting Review Panel
criticised this practice in 2007.
Bonar Law, Andrew English politician (1858-1923) who was Chancellor of the Exchequer
from 10 December 1916 to 10 January 1919 under the coalition
government of David Lloyd George. He advocated tariff reform.
He was prime minister from 23 October 1922 to 22 May 1923.
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bond conversion Exercising the right to exchange from one bond to another, usually on
different terms.
bond covenant Term in the contract for the issue of a bond which restricts the conduct
of the issuer.
bond future Contract to buy or sell a specific bond at a future date for an agreed
price.
bond discount Difference between the face value of a bond and the lower price at
which it is issued.
bonded warehouse A place approved by HM Revenue & Customs for the deposit, keeping
and securing of goods liable to excise duty, without payment of that
duty. This term is often applied to a Customs Warehouse: incorrectly,
since no bond is usually required for these.
bonded warehouse Warehouse where goods are stored until taxes are paid.
bond finance The name sometimes given to loan finance (more commonly in the
USA).
Bond House decision Ruling of the European Court of Justice in a case of 2006.
It held that an innocent party to a missing trade fraud may claim
back the VAT input tax.
bond market Place where government and municipal bonds are traded.
bond premium Difference between the face value of a bond and the higher price at
which it is issued.
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bond risk Risk associated with holding bonds as an investment. The two
commonest risks are interest-rate risk and credit risk. The former arises
if interest rates change, and the latter if the rating of the bond
deteriorates.
bondwashing The practice of selling a bond cum div so that the dividend is treated as
part of the capital gain and not income, and is therefore taxed more
favourably. Tax law changed in 1985 to make this practice ineffective.
bond yield Income produced by a bond, expressed as a percentage of the price paid
for the bond.
bonus dividend Dividend paid to shareholders above those expected. Such a dividend
often arises on a takeover.
bonus shares “Shares which are issued otherwise than for payment (whether in cash
or otherwise)” (Income Tax Act 2007 s151(1); Corporation Tax Act
2010 s90(1)).
book of account Any book, or computer equivalent, which records financial transactions.
One which is part of the double-entry bookkeeping system is known as
a book of prime entry.
book of prime entry Book or equivalent in which all financial transactions are first recorded.
Typical books of prime entry are the cash book, petty cash book, wages
book, sales day book, purchases day book and journal.
The totals from the books of prime entry are entered into the
nominal ledger from which the trial balance is prepared.
book to bill ratio Ratio of orders taken in a period divided by invoices issued in the
period. This ratio is widely used in particular businesses such as for
semiconductors. The measure indicates whether demand is rising or
falling.
book with CD For VAT purposes, a book with a CD is treated as two separate
supplied with the book zero-rated and the CD standard-rated. There is
an exception if either the book or the CD is merely a promotional item
for the other. This is an area where care and professional advice is
needed.
booking fee Any fee which is payable in advance for the provision of a service.
In finance, it usually refers to a charge for either sourcing the funds
or reserving them for a fixed mortgage or a capped mortgage.
bookkeeping barter Financial record where two businesses or people trade by exchanging
goods in a barter transaction.
The bookkeeping requirement is to make two journal entries, one
for the purchase and one for the sale, so that the transaction is properly
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recorded.
bookkeeping transaction Any financial transaction which requires entries in the business’s
financial records but which does not affect the value of the business.
Examples include reallocation of expenses and issues of bonus shares.
book-squaring Process by which a foreign exchange dealer reduces his book, that is
his exposure to the market.
boom Generally this imprecise term applies when there is sustained growth in
both prices and activity.
boom and bust Period of sustained growth and increasing prosperity interrupted by
recession.
The term has been widely and pejoratively used about the
Conservative government’s period between 1979 and 1997 when there
was sustained growth interrupted by two recessions, in the early 1980s
and early 1990s.
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boot money Informal fee paid to a footballer who makes a guest appearance for a
team of which he is not a paid member. Such payments are taxable
income.
The term comes the fact that such money was originally paid by
being left in the player’s boots.
boot strap (1) A cash offer for a controlling interest followed by a lower offer for
the rest of the shares in a target company.
(2) In computing, a programme which loads the system or boots up the
computer.
boot strap business Colloquialism for a company started with a small amount of capital.
booty Strictly, military arms and stores captured on land. Booty belongs to the
Crown.
The term is used colloquially in a wider sense to mean anything
acquired other than as expected.
bordar Villein of the lowest rank who did menial work in return for being
provided with a cottage.
border In computing, a line drawn all the way round a window. By clicking
and dragging on this border, the window can be resized.
Border Force Complaints Contact for complaints about Customs officers: Border Force
Complaints, Priory Court, St John’s Road, Dover, Kent CT17 9SH,
telephone 01304 664 511, or website
www.ukba.homeoffice.gov.uk/contact/makingacomplaint.
General guidance about Customs procedures is given in Customs
notice 1. Details of the appeals procedure are given in notice 12A.
border tax adjustment Allowing a country to alter the amount of indirect tax charged on
imported goods to a rate similar to domestic goods.
GATT rules generally allow such adjustments, but not in relation to
direct taxes.
borehole Deep hole in the earth to look for water or oil or other mineral.
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borough court Court which existed before 1974 to hear local disputes.
borough English Before 1925, a customary form of descent whereby the youngest son
inherited in preference to any older brother.
borrow Have the use of someone’s money or other property for a period.
If a charge is made for borrowing, it is called hiring. If money is
lent, it is common to charge interest.
borrow back “Feature of a regulated mortgage contract under which a customer has
the ability to re-borrow monies paid by him” (FSA handbook).
borrowed days Old term for the last three days of March, which were said to be
borrowed from April.
borrowed reserves American term for loans made to US banks by the Federal Reserve to
allow banks to keep reserves at acceptable levels. This is usually
required when lending by the bank is too high.
borrowed time Time beyond that which was allowed or expected, such as time after a
deadline where action may still be taken or where a person is still alive
after being expected to die.
borrowing costs Charges made to someone in respective of lending them money. This
usually comprises interest calculated according to the amount borrowed
and the period. It may also include a fee.
borrowing days Last three days of March, from the old untrue idea that these days were
taken from April.
borrowings Account in the financial records which records all money borrowed.
Boston Matrix Means of valuing a business by valuing its component parts according
to different criteria. For example, cash cows are valued differently from
start-ups.
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Boston Tea Party Event in 1773 in Boston which led to a serious deterioration in relations
between Britain and America.
botes Essentials for farming, such as wood for building or fuel. There were
certain common law rights regarding botes.
bottom feeder Person who buys shares that have just fallen in value in the hope that
they will soon rise again.
bottom fishing Investment strategy which buys shares that are very cheap on the
assumption that some of them will recover. The massive return from
their doing so will compensate for the many others that become
worthless.
bottom out To reach the lowest point but not to fall any further.
Bottom the Weaver Person who believes he can do everything better than anyone else. The
name comes from a character in the play Midsummer Night’s Dream by
Shakespeare.
bottomry Secured loan for the emergency repair of a ship. The loan is secured on
the “bottom” of the ship, meaning its hull. The lender can thus demand
the ship itself if the loan is not repaid.
bottomry bond Bond under which the owner of a ship makes a payment to a lender if a
ship successfully completes its journey. It is an early form of marine
insurance.
bought and sold notes Documents which record sales and purchases, particularly on a stock
exchange.
bought day book A book used to record purchases made on trade terms.
bought deal A transaction which is done for a fixed fee, rather than for a turn or
commission.
bought ledger clerk Person immediately responsible for operating the purchase ledger. The
duties usually include recording the totals for entry into the nominal
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bound books Books where the pages are securely held in place.
It was once a requirement that all companies must keep their
records in bound books or otherwise protected against falsification
(Companies Act 1948 s436). A bound book can indicate if a page has
been removed.
This provision is now replaced by the general duty to keep
“adequate accounting records” (Companies Act 2006 s386(1)).
bourse French term for exchange where merchants meet. In France, it also
means a stock exchange.
Bovill’s Act Petition of Rights Act 1860 and other laws relating to partnerships, all
of which have now been repealed.
box (1) Square on a form for someone to place a tick, cross, number or
similar mark.
(2) Term sometimes used for book in the sense of investments held by
an investment manager for clients.
(3) In finance, storage location for security documents.
Boxing Day Public holiday celebrated on 26 December, unless this day is a Sunday.
The term comes from the medieval tradition of giving boxed
presents to workers or those of a lower class on this day.
box number Reference number widely used by Post Offices and in classified
advertisements, simplifying communication from the public.
box spread Combination of call options and put options held at the same exercise
price.
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box ticking Pejorative term for compliance work which is seen as merely ticking
boxes on a prepared form rather than taking a more considered look.
BPI Bits per inch. A measure of the storage capacity of a length of magnetic
tape for computers.
BR (1) Tax code used in the PAYE system. It denotes that the person pays
income tax on all his income without any personal allowance. This
codes is used in many situations, such as (before 6 April 2011) for a
second job, where the personal allowances are given in the tax code for
the first job.
(2) Bankruptcy Reports, series of US law reports.
bracket indexation Change in the upper and lower limits of a tax band to reflect inflation.
bracket together Process of grouping items with similar properties as one item to
simplify presentation of financial data.
Brady bond Bond issued by the World Bank to help refinance less developed
countries.
Brady Commission US presidential commission to investigate the 1987 stock market crash.
It was chaired by Treasury Secretary Nicholas Brady.
Brady Plan Plan in which the World Bank and IMF attempted to improve the debt
funding for less developed countries in the late 1980s.
Braille System of raised dots by which text can be read by blind people. Books
printed in Braille may be zero-rated for VAT (VAT notice 701/10).
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brass farthing Smallest amount possible. A farthing is the smallest coin generally
minted in the UK. They have never been minted in brass, but in silver,
copper or bronze, all of which are more valuable than brass. The term is
most commonly used in the negative as in “not a brass farthing”.
brass hat Colloquialism for a staff officer or senior person. The expression comes
from the special brass helmets which are sometimes worn on
ceremonial occasions.
B rating Description for a sponsor of foreign workers who wish to work in the
UK. It is a transitional rating when a sponsor first joins the register of
sponsors kept by the Home Office’s UK Border Agency. It should lead
to the permanent A rating.
breadcrumbing Business jargon for making one job from many small odd jobs.
breakeven The point at which a business or product makes neither a profit nor a
loss.
breakeven point (BEP) How many sales of an item are sufficient to pay for its fixed costs.
For example, a widget requires £10 worth of material and £5 worth
of labour, and sells for £35. The fixed costs of selling the widget
(development, marketing, overheads etc) are £20,000. The widget is
said to have a direct cost of £15 (materials + labour). Each sales makes
a contribution to overheads of £20 (£35 - £15). So the breakeven point
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breaking and entering Criminal offence of breaking a door, window or similar to gain illegal
entry to a building. It is an offence in itself, even if the person steals
nothing or does no damage once inside.
break out In investment, when a share price starts trading above its usual level.
break point Figure at which point a body must comply with a set of regulations.
break starch Pointless objective or piece of work, such as those sometimes found in
the armed forces.
The term is originally an American military colloquialism for the
extreme lengths soldiers went to so that their trousers remained stiffly
starched with an unbroken crease.
break-up value Value of an asset based on its components and materials rather than as
an asset. It is usually much less than its net book value to a business
which is a going concern.
Brent crude Price of a barrel of crude oil from the Brent and Ninian areas of the
North Sea.
The price is determined from 15 oilfields. This is a benchmark
price as about two-thirds of the world’s oil is valued on this basis. The
API gravity of Brent crude is 38.3 degrees. It is a light oil containing a
small amount of sulphur.
Bretton Woods International monetary agreement reached in 1944 and which lasted
until 1971. The name comes from the place in New Hampshire, USA
where the agreement was reached.
Its main provision was fixed exchange rates with devaluation only
permitted when there was a fundamental disequilibrium in that
country’s balance of payments. The system was underpinned by
temporary financing facilities to assist countries deal with short-term
problems.
The system collapsed in 1971 when a series of large US deficits
meant that the dollar could no longer be converted to gold at the fixed
price of $35 per ounce. However, two institutions created by Bretton
Woods survive: the International Monetary Fund and the World
Bank.
brewery conditioned beer Term used to determine how to measure the alcoholic strength of beer
for beer duty.
Manual at BIM24305.
brick tax Excise duty introduced in William Pitt’s first Budget of 1784 at 2s 6d
per 1000 bricks, and 3s per 1000 tiles. The tax was discontinued for
tiles in 1833 and for bricks in 1850.
bridging loan Short-term loan used until other funds become available.
The commonest use of a bridging loan is to buy one property before
selling an existing property. A business may seek a bridging loan to
fund its operations while awaiting payment from a customer.
The extent to which an employee may claim tax relief as relocation
expenses is set out in Income Tax (Earnings and Pensions) Act 2003
s284.
bridle path Highway which may be used by pedestrians, bicycles and horses, but
not by other animals or motor vehicles.
brigadier Military rank for the lowest order of general who has command of a
brigade.
brigading The practice of putting all the laws or other provisions in one place
rather than spread over several places.
Tax regulations are often periodically brigaded. Examples include
laws on the reduced rate of VAT and various anti-avoidance provisions.
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Britain Strictly, this means England and Wales. Great Britain is Britain plus
Scotland, and United Kingdom is Great Britain plus Northern Ireland.
British citizen Person who has the right to live in the UK permanently, and who may
leave and re-enter at will.
British citizenship is usually acquired by birth, but can also be
acquired by adoption, descent, marriage, registration or naturalisation.
For these purposes, the UK includes the Isle of Man and the Channel
Islands.
British Commonwealth Former name to what is now known simply as the Commonwealth.
British disease Term coined in the 1960s and 1970s to refer to the high incidence of
strikes and other industrial unrest which made other countries reluctant
to trade with Britain.
British Empire The empire formerly controlled by Britain. It started in the 15th
century. By 1921, it controlled one quarter of the world’s land and one
quarter of its population. After the second world war, a process started
of granting independence to members, most of whom are member of
the Commonwealth. The remains of the Empire comprise 14 British
overseas territories.
British film Film which meets the criteria for a special tax relief.
This is achieved by the film scoring at least 16 points out of a
maximum of 28 as detailed in SI 2007 No 1050.
British Islands “The United Kingdom, the Channel Islands and the Isle of Man”
(Interpretation Act 1978 Sch 1).
British national Person who has a form of British status of which there are six:
● British citizenship
● British overseas citizenship
● British overseas territories citizenship
● British protected person
● British subject
● British national (overseas).
British subject Form of British nationality that has been restricted since 1983.
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British Tax Cases (BTC) Publication of tax cases produced by CCH Editions from 1982.
broad liquidity Amount of money issued by a central bank plus new money created by
lending activities. Broad liquidity is often used by investors and
analysts to predict inflation.
broker Person who deals on some else’s behalf, particularly in the buying of
shares and other securities.
In the context of controlled foreign companies, the term “includes
any person offering to sell securities to, or purchase securities from,
members of the public generally” (Income and Corporation Taxes Act
1988 Sch 25 para 9(2)).
brokered CD A contract for difference for a large amount sold by a bank to a broker
who divides it into parcels for his clients.
broker's report Bulletin written by a stockbroking firm for circulation to its clients,
providing analysis and guidance on companies as potential investments.
Brown, Gordon Scottish Labour politician (1951- ) who was Chancellor of the
Exchequer from 2 May 1997 to 27 June 2007 in the government of
Tony Blair whom he succeeded as prime minister.
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His ten years in office was the longest since Lord North (1767-
1782). His Chancellorship coincided with a period of world economic
growth. He reduced corporation tax and income tax, introduced tax
credits and made several tax innovations that he later reversed.
B&S Best and Smith’s Reports, law reports of the Queen’s Bench Division of
the High Court from 1861 to 1870.
B-shares Category of shares which have different voting rights from ordinary
shares and A-shares.
Traditionally, B shares have voting rights greater than other shares
and are held by the founders and his family, however this should never
be assumed.
In the USA, B-shares are of less importance than ordinary shares.
BTW Belasting over de Toegevoegde Waarde, Dutch for “value added tax”.
The term may be seen on invoices from Belgium or Netherlands.
bubble Something which has size but no real substance and will therefore soon
burst. Typically this refers to a company whose share value is sustained
by sentiment and unsupported by any value, such as assets and
goodwill.
The value of bubble shares is caused by a buying frenzy where
investors rush to buy shares before the price increases further. Buyers
of bubbles can make large profits if they sell the shares before the
bubble bursts. If the bubble bursts first, they lose most of their
investment. However, most buyers do not recognise that the shares are
bubbles in the first place and acquire them under the herd instinct.
The most famous bubble is the South Sea Company in 1720. More
recent examples include housing companies in the early 1980s and
dot.com companies in the late 1990s.
Bubble Act Law passed in 1719 to check the creation of bubbles. The law proved
ineffective and was repealed in 1825.
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Buchanan Report Report on transport written in 1963 by Colin Buchanan. Its title is
Traffic in Towns. It predicted a threefold increase in cars between 1953
and 1980; it actually just doubled. It led to road planning.
bucket shop Place where something may be bought more cheaply than from its usual
source, often because it is not genuine.
The term originally applied to American gambling dens. It was then
applied to places where airline tickets could be bought cheaply. The
term now usually refers to a place where securities are offered for sale
at a price less than that quoted by a recognised stock market.
Bucket shops now usually offer worthless or even non-existent
shares. These are often touted using boiler room high pressure sales
techniques.
budget account Bank account for individuals where payments are made sufficient to
cover all expenses during the year as they fall due even if this means
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budgetary policy When the policy of planning income and expenditure is determined by
reference to a budget.
budgetary requirements
Income (or possibly expenditure) needed to satisfy the provisions of a
budget.
Budget book Publication issued on the day of The Budget given by the Chancellor of
the Exchequer which includes a statement about the national economy
plus tax and other proposals announced in the speech. The book is also
known as the Red Book.
Budget day Day on which the Chancellor of the Exchequer presents The Budget in
the House of Commons.
budget director Person in an organisation who is responsible for overseeing the budget.
budgeted revenue Income which an organisation expects to receive during the budget
period.
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budget holder Person who controls expenditure for a cost centre as allowed in a
budget, and who must account for that spending.
budgeting loan Interest-free loan from the Social Fund to assist a person on means-
tested benefits meet a specific expense.
budget manual Instructions which accompany a budget stating how the budget is to be
met.
Budget speech Speech given by the Chancellor of the Exchequer when presenting The
Budget in the House of Commons.
budget variance Amount by which the actual expenditure on an item differs from the
budgeted expenditure. Large variances should be investigated.
buffer stocks In finance, stocks which are acquired when the price is low and held for
sale when the price rises.
builder’s hardware Material provided for use in construction of a new building. If the
building is either a new construction or an adaptation of a listed
building, the hardware may be zero-rated for VAT.
builders’ merchant Person whose job is to acquire and deliver necessary building materials
to a building site.
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building lease Lease of land, typically of 99 years, where the lessee pays a small
ground rent and agrees to erect specified buildings. At the end of the
lease, the lessee usually has the right to buy the freehold, failing which
ownership of the land and buildings passes to the lessor.
building regulations “in relation to England and Wales, has the meaning given by section
122 of the Building Act 1984” (Interpretation Act 1978 Sch 1).
buildings insurance Insurance to compensate for the loss of a building, such as from fire,
subsidence or vehicle collision.
A building is usually insured for rebuilding cost typically with
cover for temporary accommodation. This means that if the building is
destroyed, the insurance company will pay for the person or business to
be rehoused temporarily while the site is cleared and original building is
rebuilt. This is usually a more expensive and less convenient option
than simply selling the site to a property developer and buying a new
property.
Where a loan is secured on property, as in a normal mortgage, the
lender will usually insist on adequate buildings insurance.
The Royal Institute of Chartered Surveyors (RICS) has produced
a calculator on its website on how to calculate house rebuilding costs.
As with all insurance, it is important to quantify the amount for
which the property is insured and the risks or perils for which insurance
is provided. The perils for buildings insurance usually are:
● fire;
● lightning;
● explosion;
● earthquake;
● vandalism and theft;
● riot;
● storm and flood:
● aircraft and things falling from them;
● subsidence, landslip and heave;
● falling trees and branches;
● impact by vehicles and animals;
● breakage or collapse of aerials;
● escape of water from pipes or tanks;
● escape of oil.
building works insurance Insurance for building works which the customer is usually obliged to
provide under the building contract.
built-in furniture For VAT, furniture which uses at least two walls of the building. Such
furniture may qualify for zero-rating as builder’s hardware when used
in a new construction or an adaptation of a listed building.
built-in obsolescence Practice of ensuring that a product will last only until the guarantee
expires, or soon afterwards, so that the customer has to buy another
product.
bulge Swelling. The term can mean an unusually large expansion of funds or
work.
bulge bracket bank Very large investment bank which operates globally in almost all
businesses. Their size makes them able to take big risks such as
underwriting large share issues. Their biggest problem is in addressing
conflicts of interest.
bulk buying Buying in a large quantity to obtain a lower price. An organisation set
up to do this for its members is treated as a mutual trading organisation
as is discussed in the Inspectors’ Manual at BIM24784.
bulk carrier Vessel which carries grain, coal and other loose cargo which is not
packed into containers.
bulk powers Power of HMRC to collect data on taxpayers in bulk for risk
assessment. Such powers can be used to compel banks to give details of
all holders of a particular type of account.
bulk transfer The transfer of a group of pension scheme members and their scheme
assets from one occupational pension scheme to another.
bull In investing, someone who expects stock markets to rise. The opposite
is a bear.
From 1945 to the 1970s, a bull was more strictly defined in London
as someone who bought shares at the start of the market’s two-week
trading period with the intention of selling them at a profit before the
end of that period.
bulldog bond Fixed interest sterling bond issued in the UK by a foreign borrower.
bullet bond American term for a Eurobond which is only redeemed on maturity.
Bullet bonds are used as payment by central banks where they act as
currency backing.
bullet loan American term for a loan which is repaid in a single payment and not in
instalments.
bull market Financial conditions where share prices are rising or are expected to
rise. The opposite is a bear market.
In 1894, Charles Dow defined a bull market as one which has risen
for two years. In modern parlance, this time limit is usually ignored.
bull note Bond whose redemption value is linked to an index, such as the FT-SE
100 index. The name come from the fact that such a note is worth more
in a bull market.
Bullock order Legal procedure which may be ordered by a judge when there are two
defendants.
If the judge is satisfied, he may join the defendants. The cost of a
successful defendant is added to the claimant’s costs which may then be
claimed from the unsuccessful defendant. The name comes from the
case Bullock v LGO Co [1907].
Bullock Report Report published by Alan Bullock in 1977 for the British government.
It recommended that larger businesses should have a measure of worker
participation. These proposals were not adopted.
bull position Strategy of buying shares in the hope that their price will rise.
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bull run Period in which a market keeps rising, largely by the continued
optimism from investors.
bull spread Simultaneous buying and selling options on the same underlying
security to earn a profit on the expected rise of that security.
bunny bond Bond which gives its holder the choice of receiving interest or further
bonds.
burden of a contract The liability a party to a contract has to discharge that liability to the
other party.
burden of proof In law, the duty to satisfy the court of the truth of a matter.
In broad terms, it is necessary to consider the standard of proof and
on whom the burden falls.
The standard of proof is balance of probabilities (more than 50%
likely) in civil cases and beyond reasonable doubt in criminal cases,
which is much higher. This difference was dramatically illustrated in
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the O J Simpson murder case in the USA (which has the same
standards). Simpson was acquitted of murdering his wife in a criminal
trial in 1995 but was ordered to pay compensation for her murder in a
civil trial in 1997.
The person who must prove the matter is usually the person who
brings the proceedings. So, if in a civil action, it proves impossible to
determine who is liable, the defendant “wins” as the claimant as not
proved the case. In some discrimination cases, there is a reverse
burden of proof.
burden of tax Responsibility for paying tax, particularly inheritance tax. There are
rules to determine who is responsible for payment of the tax. Any
legacy said to be net of tax will usually require to be grossed up.
bureau (1) Writing table, particularly one which contains space for files and
stationery and which folds up as a piece of furniture.
(2) Department or organisation set up to transact business.
The plural is bureaux.
bureau de change Place where money is changed from one currency to another. The
plural is “bureaux de change”.
Bureaux de change must comply with money laundering
regulations.
burgage tenure Before 1925, form of free land-holding which is governed by a local
custom.
burial In law, the disposal of human remains on death. Strictly the term refers
to burial in the ground, though the term is often used for any legal
disposal.
This is the first duty of an executor of an estate, though it is usual
to respect the wishes of the deceased if known, or of the immediate
family if not known.
The disposal is subject to any requirement for a post mortem
examination and to any donation of organs authorised by the deceased.
The three legal means of disposal in the UK are burial in the
ground, cremation, or burial at sea. A parishioner has a legal right to be
buried in a churchyard of the parish where he lived, provided there is
available space and the church requirements are followed. These
include the deceased being baptised and there being a church funeral
service.
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burn rate How fast a new business is consuming its initial capital.
A new business may have initial capital of £1 million to establish
itself before generating retained profit to stay in business. The burn rate
measures how fast that business is consuming that capital before being
able to generate sufficient profits. If the burn rate indicates that the
capital will be exhausted in nine months, the business must be
generating sufficient profits by then to sustain itself, or must seek
further capital, which is likely to be difficult.
Burn rate is often considered with such measures as EBITDA
which helps to indicate how fast a business is moving to profitability.
bus fares Zero-rated under Value Added Tax Act 1994 Sch 8 Group 8.
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business activities In relation to VAT, any continuing activity that is mainly concerned
with making supplies to other persons for a consideration. The activity
must have a degree of frequency and scale and be continued over a
period of time.
business activity Commercial activity. If sufficiently large, the organisation must register
for VAT.
business angel Angel who invests in any business and not just in stage shows.
business asset For the purposes of capital gains tax (CGT), a business asset is one of:
● an asset used in a business;
● a shareholding in an unlisted company, including a
company listed on the Alternative Investment Market;
● a shareholding of 5% or more in a quoted trading company:
or
● a shareholding of any size in a quoted trading company if
held by an employee or director.
A business asset suffers a lower rate of CGT than a non-business
asset.
business assets For capital gains tax, this is a class of asset which has at various times
enjoyed preferential treatment. Such assets are items owned, leased or
used in connection with carrying on a business by any person, but
excludes premises and documents.
business combination “The bringing together of separate entities into one economic entity as a
result of one entity uniting with, or obtaining control over the net assets
and operations of, another” (FRS 6 para 2 and FRS 7 para 2).
business computer Computer powerful enough for a business to use. In practice, domestic
computers have been powerful enough for most businesses.
business day Any day which is not a non-business day (Bills of Exchange Act 1882
s92). Day on which banks are open for business.
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business end Part of a tool or anything else which is performing the required
function.
business entertainment Hospitality or entertainment of any kind provided for business purposes
to anyone who is not an employee. Includes the expenses of staff acting
as hosts.
business expenses Expenditure which relates to the activities of a business rather than
personal expenditure.
business form Any document which is completed for business purposes, such as an
invoice, order form or application form. Such forms usually contain the
business’s logo, name and address.
business hours Times when a business premises is staffed to transact business, even
though it may be possible to transact some business outside these hours,
such as placing an order on a website.
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business judgment rule Rule that courts will not interfere in the conduct of lawful business. For
example, it will enforce a breach of contract but not repair a bad
bargain.
Business Keepsafe Service offered by the Royal Mail where they will retain mail for up to
66 days and not deliver it. This can be useful when a business has a
break or when premises are left unattended. A pile of mail can indicate
that the premises are unoccupied.
business loan provisions The tax provisions in Income Tax Act 2007 ss 392, 396 and 401.
(Income Tax Act 2007 s410(3)).
business name Name under which a business trades, which need not be its registered
name.
Business People Scheme Arrangement whereby a person may be able to come to the UK to run a
business provided certain conditions are met.
business plan Plan containing financial and narrative data about the future of a
business. A business plan is often used as a means of attracting funding.
business policy General set of rules and principles laid down to guide directors in the
running of a business.
Such rules typically take the form of a condition and preference, as
in “if X happens, do A in preference to B”.
The means of implementing a policy is known as a strategy, though
these times are not always used in such a precise manner.
business premises For capital gains tax, these are premises that HMRC thinks are used in
connection with the carrying on of a business. Where someone works
from home, the term is restricted to the rooms set aside for the business.
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business proportion Addition to a personal cost relating to a business. Such a cost is not tax-
deductible as it is not wholly for the business.
The matter was neatly illustrated in the case Caillebotte v Quinn
[1975] 50TC222. A carpenter’s lunch cost 10p at home but 40p on site.
He claimed the additional 30p as a business cost, but it was disallowed.
The matter is discussed in the Inspectors’ Manual at BIM37650.
business rates Tax paid to a local authority for occupation of non-domestic property. It
is also called national non-domestic rate (NNDR).
The calculation is now based on a national rate in the pound set by
government multiplied the rateable value of the property. Business rates
are pooled nationally and a share is given back to local authorities
based on the number of people living in the area. The amount charged
is based on multiplying the rateable value of each business property by
the national rate in the pound.
business records check Audit of small businesses undertaken by HMRC. In 2011, it was
announced that 50,000 such checks would be made annually.
business review Part of a directors’ report which gives “(a) a fair view of the
company’s business, and (b) a description of the principle risks and
uncertainties facing the company” (Companies Act 2006 s417(3)).
Small companies are exempt.
business segment Section of a company which may be clearly distinguished from the rest
of the company.
business to business Sales a business makes to other businesses rather than to consumers.
business travel insurance Travel insurance for business travel. It usually provides such additional
cover as protection for laptops, and for the cost of sending a
replacement colleague if you are detained because of an insured risk.
business unionism Trade unionism viewed as a business with a duty to attract new
members, maximise income and secure the best deal for its members.
business units Parts of a business which may have their own Trading Accounts and
operate with relative autonomy from the rest of the company or service.
business use For Customs purposes, “the use of a vehicle for an activity carried out
for financial gain or consideration” (Customs notice 3).
busted bond Bond which has already defaulted and which is sold purely as a
collectable piece of paper.
Many pre-revolutionary Russian bonds are works of art, and are
collected for this and their historic value.
A busted bond is sometimes called an old bond.
buy and hold Investment strategy of buying investments with a view to holding them
for a long period.
buy and write Investment strategy of selling a traded option in a security which the
investor already holds. This allows the investor to benefit from the call
premium and to hedge any risk from the option pay-off.
buy back (1) Buying something from a person to whom you had previously sold
it.
(2) A payment made to reinstate into SERPS a person belonging to a
contracted out pension scheme.
(3) Reinstatement of life assurance cover after a claim has been paid on
critical illness under a policy that provides cover against critical illness
and death. (Normally a policy of this type ceases when the claim is
paid. The life assurance cover is then automatically cancelled.)
buy earnings Invest in a company with a low yield but high earnings to generate a
large capital gain.
buyers’ market Situation where demand outstrips supply, meaning that prices and
conditions for trade tend to be in the buyer’s favour.
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buying forward Buying commodities and similar items for delivery at a fixed future
date.
buy out (1) Acquire someone else’s interest in an asset or business of which you
already have an interest. So if you own half a business, you may buy
out the interest of whoever owns the other half.
(2) The purchase of an insurance policy for a pension scheme member
in lieu of benefits from the scheme following the termination of
pensionable service.
buy to let Arrangement whereby a person buys a property with a view to letting it
for someone else to rent. The rent received is then used to pay the
mortgage which allows the owner to benefit from the capital gain on
the property.
The term Buy to Let was coined in 1996. Buy to Let became
popular from 2000 when other forms of investment were less attractive.
Special Buy to Let mortgages were offered by financial institutions.
Typically a Buy to Let mortgage requires a larger deposit than a
normal house purchase, typically 15% or 20% rather than 10%. The
interest rate is usually higher by about one percentage point. Some
lenders require proof that the rent is at least 30% more than the
mortgage repayment.
Buy to Let has allowed many individuals to accrue wealth, though it
has many risks. On average Buy to Let properties have an average void
period of 27 days a year. Void periods can quickly turn a good
investment into a ruinous nightmare.
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buyer’s market Economic situation which favours those who wish to buy rather than
those who wish to sell.
buying down the market Buying more shares when the price is falling to reduce the average
share price. For example if someone holds 100 shares acquired for £10
each and the price falls to £5, purchasing another 100 shares will reduce
the average price to £7.50.
This is generally regarded as a poor strategy as each purchase
should be considered on its own merits.
C
C (1) Third person in any explanation or legal guide, as in A buys from B
on behalf of C.
(2) National insurance contribution letter for an employee who is not
liable to pay class 1 national insurance, such as being over state
retirement pension age. The employer is still liable to make
contributions.
(3) Series of Customs forms. The more common ones include:
• C3: permanently importing personal goods
• C5: importing pets
• C21: importing inventory not accompanying a traveller
• C88: single administrative document
• C104A: importing private motor vehicle
• C179B: bringing a motor vehicle back into the EU
• C384: paying duty for importing a private motor vehicle.
The forms are available from most shipping agents or from Customs.
They can be downloaded from the website www.hmrc.gov.uk.
(4) Roman numeral for 100.
(5) For council tax, the third lowest band of property values:
• in England, between £52,001 and £68,000 in 1993
• in Wales, between £52,001 and £73,000 from 1 April 2005, and
between £39,001 and £51,000 before:
• in Scotland, between £35,001 and £45,000 in 1973.
A band C property pays council tax at 8/9 of the rate for an average
band D property.
CA (1) Chartered accountant. For the Scottish Institute, these are also the
designatory letters after the member’s name.
(2) Consumers’ Association.
(3) Companies Act, usually followed by the year, eg CA 1948, CA
1985, CA 2006.
(4) Court of Appeal, in case citations.
(5) Carer’s allowance.
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Cabinet Committee of the prime minister and leading ministers which makes
decisions on running the country.
cab rank principle Common law requirement that a taxi driver must accept all passengers.
This is a departure from the normal law of contract where a supplier can
choose his customers. This common law requirement also applies to
innkeepers and barristers.
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cage Term sometimes used to describe the part of a broking firm where the
paperwork is processed.
cake decorations For VAT, these are standard-rated when inedible and sold separately
but zero-rated when supplied with the cake. The exact scope is set out
in VAT leaflet 701/14.
cakes For VAT, these are generally zero-rated as food even if covered with
chocolate or other sweet material, but are standard-rated when supplied
in the course of catering (VAT notice 701/14).
calculated risk Risk whose likelihood and consequences have been included in a
calculation.
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calendar convention Convention used in euromarkets that the maturity date of short-term
bonds is the same as the date of their issue.
calendar month One of the 12 traditional divisions of the year, as opposed to a tax
month or any other period of similar length.
Under Interpretation Act 1978, “month” means calendar month
unless the contest requires otherwise.
calendar spread Options strategy of selling an early-expiring option and buying a later-
expiring option in the same underlying security.
calendar variance Discrepancy that can arise when a company prepares accounts
according to the calendar but calculates other figures on the basis of
working days.
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calendar year Period from 1 January to 31 December, used to distinguish a year from
financial year or tax year.
callable capital The part of a company’s capital which has been authorised and issued
but not yet called up.
call account Another name for a current account where money may be withdrawn
without notice.
Callaghan, James English Labour politician (1912-2005) who was Chancellor of the
Exchequer from 16 October 1964 to 30 November 1967 in the first
government of Harold Wilson.
He tried to cope with a worsening economic crisis by increasing
taxes and introducing capital gains tax. He was forced to devalue the
pound in 1964. He subsequently introduced selective employment tax,
and introduced a national wage freeze.
He was prime minister from 5 April 1965 to 4 May 1979. He
remains the only person to have held the four big offices of prime
minister, home secretary, foreign secretary and chancellor.
call auction Process where orders for securities are batched and sold at an auction. It
is an alternative to the normal methods which involve continual
matching of buy and sell orders.
Call auctions have the advantages of concentrating liquidity but
have the disadvantage of customers having to wait to see if their orders
have been executed.
call-back pay Payment to an employee who has been called to back after finishing his
normal working hours. Such pay usually attracts a premium.
call deposit account Investment account which allows investors instant access to funds.
called up Description of share capital where the shareholders have paid the whole
amount of the acquisition cost.
called up capital Amount of issued share capital expressed as the amount by which
shareholders have paid the calls on their shares.
called up share capital The legal term for called up capital. It is defined as “in relation to
company [the term] means so much of its share capital as equals the
aggregate amount of the calls made on its shares (whether or not those
calls have been paid), together with —
(a) any share capital paid up without being called, and
(b) any share capital to be paid on a specific future date under the
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call in Require a debt to be paid, particularly a debt which does not have a
fixed repayment date.
call money Amount loaned for which immediate payment may be demanded at any
time.
call-off stock Stock that a customer has adopted but takes delivery as required. Such
stock is often stored at the customer’s premises.
When the customer is in a different EU state, call-off stock is
regarded as being removed for VAT purposes when supplied, not when
adopted. However, in some member states, this may be regarded as
consignment stock.
call-of-more option An option which allows a buyer of option to double his holding of call
options. It is one of the forms of option to double.
call on shareholders Demand that shareholders pay the next instalment on buying their
shares.
call option The right to purchase shares (or other securities) at a specified price at a
specified date in the future. The duty to sell shares at that price is a put
option.
A call option is usually sold for a fraction of the current share price
plus a premium. If the shares rise above the option price, the shares can
be immediately sold for a profit. If the share price falls below the option
price, the option becomes worthless and the investor has lost the
premium.
call-over option Price which is determined by an individual seller in a market and not by
open outcry.
call-over price Price agreed for a commodity at callover. This price is used as the basis
for subsequent trading.
call purchase Transaction where the buyer and seller can agree a price for a future
delivery.
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call risk Risk to a bond-holder that a call option will be exercised, by the bond
being redeemed before its maturity date.
call spread Investment strategy of buying a call option at one exercise price and
selling the same call at a higher price.
calls in arrear Money called up for shares but which has not been paid when due.
calorific gas Gas which can be burned for heating and power. These include
hydrogen, carbon monoxide, methane and various hydrocarbons.
Calvo clause Clause in a contract for international trade which states that the parties
rely solely on the law of the foreign territory to resolve any issue that
may subsequently arise. It is named after the Argentinean jurist Carlos
Calvo (1824-1906).
camera Latin: chamber. The expression “in camera” means “in private”, such as
when the public is excluded from a court room.
Camphill Association Body formed in 1940 to promote Christian socialist ideals. They engage
co-workers whose tax status is discussed in the Inspectors’ Manual at
BIM22040.
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cancellation clause A provision in a contract that permits one or either party to cancel the
contract before it has been completed.
cancellation fee Charge to cover the administrative cost of cancelling something, such
as an order.
As this is not a charge for a supply, there is no VAT on such a fee.
cancellation of shares When a company removes shares from its register. This has the effect
of reducing the share capital. The legal implications are set out in
Companies Act 2006 s663.
cancel out When two equal and opposite accounting entries come together.
cancer It is an offence to advertise a cure for cancer (Cancer Act 1939 s4).
Candlemas Old Scottish term day in Scotland on 2 February. Since 1991, it has
been replaced by 28 February.
It is a Christian festival commemorating Mary presenting Jesus at
the temple. It is celebrated by lighting candles.
candlestick chart Graph used in chartism to predict likely share price movements.
canister sharpener Pencil sharpener fitted in a small container in which the shavings can
be collected. The contained has a screwed lid, allowing the shavings to
be discarded.
canned or packaged Term used in VAT notice 701/15 to determine whether pet food is
standard-rated.
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canon Rule of canon law or ecclesiastical law. The term is also used for a
minor dignitary attached to a cathedral.
canon law Rules for governing a church. The canons of the Church of England are
part of the law of England but may only be enforced against its clergy.
Other churches may only enforce their canon law on the basis of a
society regulating its own rules.
canons of taxation Set of criteria developed by Adam Smith to judge whether or not a tax
was a “good” tax.
They canons are:
● The cost of collection must be low relative to the yield
● The timing and amount to be paid must be certain to the payer
● The means and timing of payment must be convenient to the payer
● Taxes should be levied according to ability to pay.
capacity of company Ability of a company to enter transactions. This may be restricted by its
articles of association. However Companies Act 2006 s39 makes clear
that any restriction does not invalidate any action taken with another
party.
capacity test The tax rule that the allowability of expenditure can depend on the
capacity of the person in making it.
The test was established in the case Strong & Co of Romsey Ltd v
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capacity variance Difference between planned hours and the hours actually worked.
cap and collar mortgage Loan on a property where the interest rate fluctuates but only within
limits. It cannot fall below a lower rate, the collar, nor rise above a
higher rate, the cap.
Caparo case Another name for Caparo Industries plc v Dickman [1990].
Capel Court Land adjacent to the London Stock Exchange where dealers once
congregated. It was also used for the exchange itself.
capias Latin: that you take. It describes a writ to arrest a named person.
capias ad satisfaciendum Old name for a writ for the arrest of a defendant in civil proceedings
when a judgment remained unsatisfied.
capital Sum of money distinguished from revenue or interest. The term has
many meanings in finance depending on context.
In terms of business, capital often means the money provided to get
the business started, as in share capital.
In terms of investment, capital means the principal which is
invested and on which it is hoped interest will be earned.
In terms of mortgages, the capital is the sum borrowed from the
mortgagee.
capital account (1) Item in partnership accounts which indicates funds provided by the
partners rather than from trading, or a similar account of funds provided
by directors to a company. The account indicates the initial capital
subscribed plus share of retained profits and other additions, less
drawings. Unless the partners agree otherwise, interest accrues on the
capital accounts at a rate of 5% a year (Partnership Act 1890 s24(3)).
capital adequacy Ability of a bank or other financial institution to meet its financial
obligations.
In particular, such a business must have sufficient financing:
● to support the normal risks of trading;
● to cover weak trading in adverse conditions; and
● to allow for non-payment by customers.
There are specific rules on capital adequacy for banks set out in the
Basle Convention.
capital allocation Allocation of risk capital to units within an organisation on the basis of
their possible losses. This is particularly common in financial
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institutions.
capital allowance excess Term used in Corporation Tax Act 2010 s101 in relation to restrictions
on loss relief.
capital asset Another name for a fixed asset but seen in terms of its ability to
generate financial returns.
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capital beneficiary Person who is beneficially entitled to receive capital, but not income,
from a discretionary trust.
capital bond Bond issued by National Savings in 1989 which offers a guaranteed
return over five years.
capital commitments Expenditure on fixed assets which has been authorised but not yet
spent.
capital distribution Distribution of capital from a company to its members, other than as a
bonus issue of shares.
The capital gains tax implications are given in Taxation of
Chargeable Gains Act 1992 from s122.
capital duty Stamp duty charged on the issue of new shares issued by a company. It
was charged from 1973 until abolished on 1 January 1988.
capital endowment Fund where only the interest may be spent; the usual form of
endowment fund.
capital flight When large sums of money leave a country either because of problems
in that country, or because a better return is available elsewhere.
capital formation Another term for fixed capital formation used in the national accounts.
capital fund In treasury management, a reserve that is set aside to fund future
spending on assets.
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capital gains expenses Incidental expenses incurred in acquiring fixed assets. This includes
delivery, installation, site preparation and similar.
Such expenses are normally added to the capital cost of the fixed
asset itself.
capital gains tax (CGT) Tax charged on capital gains, namely the profit from selling a fixed
asset. Such a gain is not subject to income tax. The tax was introduced
on 6 April 1965 for gains accruing from that date.
The tax is calculated by subtracting acquisition cost from disposal
proceeds. The tax is subject to many reliefs.
From 6 April 1988, CGT is generally only charged on gains from 6
April 1982 (Taxation of Chargeable Gains Act 1992 s39).
The main legislation is Taxation of Chargeable Gains Act 1992.
capital gearing Another term for gearing, the ratio of debt capital to equity capital.
capital goods Machinery, premises and raw materials which are used to make
products.
Capital Goods Scheme In VAT, a scheme that requires the adjustment of input tax, to reflect
the extent of changes in taxable use over time for certain items of
capital expenditure. Affects businesses that make exempt supplies.
capital instruments “All instruments that are issued by reporting entities as a means of
raising finance, including shares, debentures, loans and debt
instruments, options and warrants that give the holder the right to
subscribe for or obtain capital instruments. In the case of consolidated
financial statements the term includes capital instruments issued by
subsidiaries except those that are held by another member of the group
in the consolidation” (FRS 4 para 2).
capital intensive Description of a business that needs large amounts of capital to make it
work. Utilities such as water and electricity companies are examples.
capital interest In the context of a controlled foreign company, this terms “means an
interest in the issued share capital or reserves of the company or in a
loan to or deposit with the conductor or the liability of a guarantor
under a guarantee to or for the benefit of the company” (Income and
Corporation Taxes Act 1988 Sch 25 para 11(4).
capitalisation of costs When costs are not treated as expenditure but as part of the cost of
acquiring a fixed asset.
capitalised value Term used in relation to group life policies that provide a pension for
the spouse or other dependant of a member. The capitalised value is
used for underwriting purposes and is an approximation of the lump
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capitalism Political system which favours private property and a free market
economy, with minimal government interference. It relies heavily on
the law of supply and demand.
Politically, capitalist systems are collectively known as
monetarism which has become the economic policy for the main
parties in Britain since 1979 in preference to Keysianism.
Many commentators believe that no system can have wholly
unfettered capitalism, as this provides no support for the weak who
cannot participate. Accordingly many now favour a mixed economy
where capitalism is allowed to function where it is most effective, and
the government provides some control in other areas, such as
employment and welfare.
capital lease American term for a lease that does not legally constitute a purchase.
The lease should still be accounted for as the lessee’s fixed asset,
provided appropriate conditions are met.
capital levy Tax on a person’s or business’s possessions, a form of wealth tax. Such
a tax proposed in 1914 but never implemented. In the UK, capital is
taxed only when realised as capital gains tax.
capital loss Loss from the disposal of a fixed asset. This may be offset against other
capital gains, for the purposes of capital gains tax.
capital maintenance Concept which sees profits as replacing the erosion of capital values
through such things as depreciation. The concept of capital maintenance
has been used in some models of inflation accounting.
capital market International market where funds can be raised for business.
capital profit Profit made by selling a fixed asset. It is more commonly called a
capital gain.
capital programme A plan of future spending on capital projects such as buying land,
buildings, vehicles and equipment.
capital reconstruction Process of voluntarily liquidating a company and then selling its assets
to another company with the same shareholders but with a larger capital
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base.
capital requirement Amount of money a business needs for its normal operations.
In the USA, the term particularly applies to the funds that the SEC
requires brokers and dealers to have and the form that such funds must
take.
capital share Shares in a unit trust which rise as the capital value of the shares rise
but which do not receive any income.
Most unit trusts provide both capital growth and regular income
from the shares which they hold. It is possible to have a split-level
trust where the capital growth and income elements are separated
between capital shares and income shares.
capital subsidy An early and unsuccessful form of income tax imposed on income and
profits between 1670 and 1671.
capital sum In relation to disposal proceeds for capital gains tax, “means any
money or money’s worth which is not excluded from the consideration
taken into account in the computation of the gain” (Taxation of
Chargeable Gains Act 1992 s22(3)).
capital surplus American term for the difference between par value and its issue
price. The equivalent UK term is share premium.
capital transaction Transaction which affects a capital item, such as fixed assets or share
capital, rather than a revenue item.
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capital transfer tax A tax levied between 1974 and 1986 on transfers of money either
during a person’s lifetime or on death.
It replaced estate duty and was itself replaced by inheritance tax.
capital turnover How quickly the capital of a business is spent to generate income. It is
usually measured by the capital turnover ratio.
capital turnover ratio Ratio of turnover divided by average capital for the accounting period.
capped floating rate note Floating rate note which has an agreed maximum interest rate.
capped mortgage Loan on a property which is a hybrid between variable mortgages and
fixed rate mortgages. The rate of interest fluctuates in accordance with
economic conditions but is capped so it cannot rise above a stated rate.
If the mortgage also has a minimum rate below which the interest
rate cannot fall, it is known as a cap and collar mortgage.
capped option An option where the payout on exercise is subject to an upper limit.
capped prime loan Loan in which the interest rate is restricted to a maximum.
capped rate 1. Like a fixed rate, but the rate is guaranteed not to go above a certain
level for a set period of time. It can, however, move downwards. 2. An
arrangement that caps your mortgage rate for a specified period of time.
On the first day of the month following expiry of the capped rate
period, the interest rate will change to the then prevailing Standard
Variable Rate.
capping A power under which the Government may limit the maximum level of
local authority spending or increases in that level year on year, which it
considers excessive. It is a tool to restrain increases in council tax.
capsizing Business jargon for when so many employees are laid off (or
downsized) that the business cannot function properly.
caption (1) Formal heading of a legal document, stating before whom it was
made.
(2) Option on an interest-rate cap.
captive finance company Finance company which is controlled by another company, such as a
supplier of goods.
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captive market Situation where a customer has no real choice as to the supplier for
particular goods or services.
carat (1) Traditional weight for precious stones, where 1 carat is about 1/42
of an ounce. For metric purposes, it was redefined as fifth of a gram
(Weights and Measures Act 1963 s10).
(2) Measure of the purity of gold, where 24 carat is pure gold. This is
now defined in Hallmarking Act 1973 Sch 1. A common standard is 22
carat, which means 22 parts of gold to 2 parts of base metal.
caravan Vehicle with some facilities for everyday living, such as facilities for
eating and sleeping. This may be towed by a car under certain
conditions. If the caravan has its own engine, it is considered to be a
motorhome.
A car driver who passed the test before 1 January 1997 may drive a
car towing a caravan provided their combined weight (MAM) does not
exceed 8.25 tonnes. From 1 January 1997, drivers must either have a
licence for category C or D vehicles to tow a caravan or trailer with a
weight of more than 750 kilograms.
caravan Zero-rated under Value Added Tax Act 1994 Sch 8 Group 9 provided
their unladen weight does not exceed 2,030 kg. This is above the weight
which may be ordinarily towed on a British road.
Hire of a sited caravan is standard-rated.
Carbolic Smoke Ball Name of the leading court case of 1893 Carlill v Carbolic Smoke Ball
Company.
carbon dioxide Common gas comprising molecules of one carbon and two oxygen
atoms, indicated by the formula CO2. It is produced by burning and
breathing. Plant life turns the gas back to oxygen.
Because of its perceived harm in the atmosphere, there are many tax
and other provisions to reduce its production.
carbon dioxide emission Amount of carbon dioxide gas in the exhaust emission of a vehicle.
This is used to determine the vehicle excise duty, and the taxable
benefit of a company car.
carbon offset Act which reduces carbon dioxide to compensate for other activity
which generates carbon dioxide. An example is planting a tree to
compensate for travel.
cardiopulmonary resuscitation
“Means a combination of expired air ventilation and chest
compression” (VAT notice 701/1). If provided by a charity, such a
service may be zero-rated.
care and maintenance Term used in relation to a fixed asset, such as a building, machine,
vessel or vehicle. It is particularly used for assets not in current use but
which are being maintained for prompt use if required.
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care component One of the two components that make up the disability living
allowance. The other is the mobility component.
The care component is paid at one of three rates depending on the
severity of the disability.
The highest rate is paid for a claimant who:
• requires frequent attention during the day and prolonger or
repeated during the night for attention to bodily functions or to avoid
substantial danger to himself or others; or
• who is terminally ill.
The middle rate is paid for a claimant who needs such attention
during the day or the night.
The lower rate is paid for a claimant who needs help with bodily
functions during the day, or who cannot cook for himself or herself (the
cooking test).
care relief Generic term for the various income tax reliefs allowed to foster carers,
shared life carers and similar.
carer’s allowance Social security benefit payable to someone who looks after a severely
disabled person. It replaced invalid care allowance on 1 April 2003.
The carer must provide care “regularly and substantially”. In
practice this means looking after a person for at least 35 hours in every
week for periods which, broadly, are 22 weeks out of 26.
Only one allowance is paid per disabled person. The allowance can
only be for one person, so a carer cannot claim for spending 20 hours a
week for looking after two people. The allowance cannot be claimed by
anyone who is employed or in full-time education. The carer must be at
least 16; there is no upper age limit.
Entitlement does not depend on national insurance contributions,
although the amount can vary according to the claimant’s
circumstances. While the allowance is being claimed, the carer is
automatically credited with class 1 national insurance contributions.
The allowance may be paid without time limit while relevant conditions
are met.
carer’s allowance (CA) Social security benefit payable to someone who spends 35 hours or
more a week caring for someone.
• counselling
• looking after or supervising vulnerable people
• support or instruction designed to develop or sustain a
person’s capacity to live independently in the community
• protection, control, guidance or companionship that is
required to meet an individual’s personal or domestic needs and
• residential care, including accommodation, board and other
services provided to residents as part of a care package” (VAT leaflet
701/2).
cargo carrier Home Office term for carriers which operate cargo-only flights,
including mail flights.
carousel fraud Form of missing trade fraud where goods are repeatedly sold between
businesses in different EU member states as a means of illegally
absconding with VAT input tax.
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car parking An employer’s provision of car parking at or near the place of work is
exempted as a taxable benefit in kind under Income Tax (Earnings and
Pensions) Act 2003 s237.
carriage by air There are special laws relating to the carriage of people and property by
air, such as Carriage by Air Act 1961. This limits the amount of
compensation payable.
carriage paid Commercial arrangement where the seller has already paid the carriage
charge to the customer.
carriage tax Excise duty charged between 1747 and 1869 for the few carriages able
to use the poor roads.
carried-back amount Term used in Corporation Tax Act 2010 s12 in relation to accounts not
prepared using sterling as currency.
carried forward Sub-total of a page to be taken to start of next page in record keeping.
carried-forward amount Term used in Corporation Tax Act 2010 s13 in relation to accounts not
prepared using sterling as currency.
(2) For pensions, the term was used for offsetting pension
contributions against income for the previous tax year. This was
abolished from 6 April 2006.
carry down To take the closing balance of an account at the end of a period as the
starting balance of the same account for the next period.
carry forward (1) In accountancy and bookkeeping, when a figure from the end of one
period or from one page of a book is taken to the beginning of the next.
The closing figure of one period or one page is the opening figure of the
next.
(2) A tax term for any provision where an expense or loss in an
accounting period may be offset against income of another.
For loss relief, the term means the right to offset a loss against the
profits of the same trade in any future accounting period. Provided the
same trade continues, a loss may be carried forward indefinitely. This is
given in Income Tax Act 2007 s83 for individuals, and Corporation Tax
Act 2010 s45 for companies.
For pensions, the term was a misnomer for the curious tax
provision which allowed pension contributions to be offset against
taxable income for the previous six tax years, starting with the earliest.
This was abolished from 6 April 2006.
carry-forward losses Term used in Corporation Tax Act 2010 s95 in relation to government
investment written off.
carrying amount Value of an asset as shown on the balance sheet. For a fixed asset, this
is usually its net book value.
car sharing There is no taxable benefit in kind when an employer provides certain
assistance to employees when a car sharing arrangement has broken
down (Income Tax (Earnings and Pensions) Act 2003 s248).
of car tax was halved to 5% on 10 March 1992, and the tax was
abolished on 13 November 1992. Caravans paid car tax on 60% of their
value. Car tax was not charged on any other vehicles.
The term is sometimes (wrongly) also used to mean road tax or
vehicle excise duty.
cascading Consequence of a gross receipts tax whereby items are taxed more
than once. The UK has never had a gross receipts tax, but several
European countries has such taxes before they adopted value added
tax.
The tax was charged on the total sales of a business, so an item that
passed from several manufacturers or suppliers could suffer tax several
times. VAT avoids this by refunding the tax paid by the purchaser.
Case I loss Loss made under what was Schedule D Case I. For corporation tax
purposes, this is now known as section 35 loss in reference to
Corporation Tax Act 2009 s35.
Case I profit Profit made under what was Schedule D Case I. For corporation tax
purposes, this is now known as section 35 profit in reference to
Corporation Tax Act 2009 s35.
case law trust “Employee share ownership trust or general purpose [employee
benefit trust] which relies on tax case law rather than specific
legislation as authority for allowing tax deductions on employers’
contributions” (Inspectors’ Manual at BIM 44001).
case management Rights to manage the conduct of a court case or tribunal hearing.
For tax tribunals, these rights are set out in The Tribunal Procedure
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cash account Account which records the receipt and expenditure of cash.
cash accounting Term for accounting system which records transactions when payment
is made rather than when the transaction occurs. Sales and purchases
are not recorded when made but when paid for. The opposite is
accruals accounting.
Cash accounting is only appropriate for individuals and small
businesses. HMRC allow cash accounting for income tax purposes in
activities where payment is uncertain, such as for barristers and authors.
Charities may only use cash accounting up to a certain limit.
For VAT purposes, cash accounting is allowed up to a limit.
For income tax purposes, cash accounting may only be used for a
few occupations where there is reasonable, such as authors.
Professional people are generally not allowed to use it from 6 April
2001.
cash advance Providing cash to someone, such as an employee, to help pay for future
expenditure.
cash analysis Exercise book ruled with columns for recording amounts as a means of
analysing income and expenditure into categories.
cash and carry (1) Large store where goods may be bought in bulk provided immediate
payment is made.
(2) Transaction which can sometimes make a profit on a futures market,
particularly the London Metal Exchange. If the spot price for the
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cash back (1) Arrangement whereby a supermarket or other retailer will allow a
customer to add a sum to their shopping bill to receive back as cash
when paying by debit card. So someone who buys £100 worth of
goods may have £120 charged to the card and be given £20 in cash.
(2) A type of mortgage where the lender pays a sum to the borrower
when the mortgage finishes. Such a mortgage is usually subject to many
restrictions, such as high redemption penalties if the borrower wishes
to pay if off early.
(3) A sum paid by a supplier to a customer to persuade them to make a
transaction. This includes when an intermediary agrees to share
commission with a client. The tax position of such payments is
explained in Statement of Practice SP4/97.
cash back credit card A credit card which allows a cash discount as a form of loyalty
scheme.
The discount is usually in the range of 0.5% to 1.5% with higher
figures for special introductory offers. Such a card is only cost-effective
if the user pays the whole balance off each month.
cash balance Balance on a cash account. This ignores the amount owed or owing by
the person or business.
cash card Plastic card, the same size as a credit card, which allows the person to
withdraw cash from automatic teller machines.
The user keys in a four-digit PIN number and states the amount he
or she wishes to withdraw. The cards can sometimes be used for other
purposes, such as checking the balance on the account or ordering a
statement.
Sometimes credit cards or debit cards may also be used as cash
cards.
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cash conversion Measure of how much of a business’s profits are converted to cash,
particularly in the form of dividends.
cash cost Cost of production at site level, particularly in mining. This includes all
site costs, including transport, refining and administration, plus an
amortisation of other overheads.
cash cow Product or service which can be relied on to generate income for a
business which can use it to fund other activities.
cash crop Crop grown for the purpose of generating income rather than to feed
those who grow it. The term is particularly used when considering
national economies.
cash cycle Time it takes from paying cash for goods to receiving cash from their
subsequent sale.
cash deal Transaction where it is agreed that payment will be made in cash. This
usually results in a lower price.
A cash deal can be justified as it avoids the seller the cost or
borrowing and the expense of credit control. Sometimes cash deals are
done to avoid the need to produce any paperwork with a view to
evading tax.
cash declaration The duty of anyone entering the UK from outside the European Union,
or leaving the UK to go outside the European Union to declare any
amount of cash with them which exceeds €10,000 (around £7,000).
This duty was introduced from 15 June 2007 to counter money
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laundering.
cash desk Place in a shop or other premises where payments are made or received.
cash dispenser Machine which provides cash in the form of notes or, rarely, coins. The
commonest example is the automated teller machine.
cash dividend Dividend in the form of cash rather than bonus shares.
cash down Description of purchase where full payment is made at the time.
cash economy Another name for the black economy, where goods are traded for cash
which is not recorded for tax purposes.
cash equivalent Anything which is regarded as having similar properties to cash, such
as readily exchangeable securities or gold coins.
cash equivalents Short-term, highly liquid investments that are readily convertible to
known amounts of cash and which are subject to an insignificant risk of
changes in value.
cash float Amount of cash, usually in small denominations, provided at the start of
trading to ensure that a seller has sufficient change to give customers.
cash flow Statement of how money flows in and out of the company (or other
reporting entity), made up of inflows and outflows over defined
periods, usually months but sometimes weeks, quarters or years.
A cashflow statement is of two types.
For financial accounting, a cashflow statement is one of the
financial statements prepared for the same accounting period as the
profit and loss account. It shows how much money has come into the
business and how much has gone out, and how much money the
business still has. Unlike the profit and loss account, this statement is
not subjective. It excludes all transactions which involve no transfers of
funds, such as depreciation and accruals.
In management accounting, a cashflow statement is often used to
ensure that a business has sufficient cash to meet its obligations over a
period. This is particularly important for a building contract where
heavy expenses may be incurred at the start with payment due later on.
A cashflow statement ensures that the business does not run out of
money at any point.
A cashflow statement is also useful when considering a new
business which takes some time to start earning sufficient income to
become self-supporting. It ensures that the business starts earning
sufficient profits before the end of the cash burn period when the
initial capital is spent.
Where a project extends over a long period, particularly in times of
high inflation or where there is a high cost of capital, a special form of
statement known as discounted cashflow may be used to ensure that
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cash flow hedge Any process which hedges the risk of an organisation having a serious
difference between cash inflows and cash outflows at a particular time.
Such hedges usually involve the facility to draw cash temporarily from
another source, sometimes in return for lending cash during periods of
great inflow.
cash flow matching Process of hedging whereby an organisation can match its cash inflows
with its cashflow outflows.
cash flow statement Summarises cash paid to and received from other organisations and
individuals for capital and revenue purposes.
cash flow projections Statements of cash expected to flow into the business and cash expected
to flow out over a particular period.
cash fraction A small amount of cash paid to a shareholder in respect of shares which
could not be allocated on a share consolidation.
For example a company makes a 1 for 7 share consolidation, and a
shareholder had 100 shares. The shareholder receives 14 new shares for
98 of the old ones, and a cash fraction for the remaining two.
cash generator Fixed asset or cost centre which produces income that can be measured.
cash instrument Financial instrument or obligation that is sold for immediate delivery.
cash ISA Form of individual savings account (ISA) which invests in fixed
interest investments rather than shares.
From 6 April 2008, an individual may invest up to £3,600 in a cash-
ISA. This is half the overall ISA limit.
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cash market Term used for the financial market which trades in futures or
currencies. It is sometimes called the spot market.
cash offer Price someone is willing to pay in cash. It may be less than the offer
price.
cash-or-nothing option An exotic option where the holder either receives a payment or
nothing.
cash-out Process of turning tokens into cash, such as after a session in a casino.
cash positive Business or activity where payment is received before the equivalent
payment is made.
A cash positive shop sells goods to customers who pay cash before
the shop has to pay the supplier to buy those goods.
cash price Amount which a seller is prepared to accept if payment is made in cash.
cash register Machine, also known as a till, for recording cash transactions,
particularly in shops and similar places. Typically it comprises a display
of the price, buttons to enter the price, and a cash drawer which opens
when a sale is rung up.
The first machine was built in 1879 and patented in 1883. It was
designed to prevent embezzlement by staff. The cash drawer would
only open when a sale was rung up or when a no sale button was
pressed. The no sale button typically required a special key possessed
by the owner.
Modern machines include an adding machine which records the
total of sales. They also print receipts and analyse sales using systems
such as Eftpos. Information is now widely entered using barcodes.
Some machines are connected to scales to weigh produce and with
terminals for credit cards and similar.
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cash railway Mechanical device once common in large shops which allows for
exchanges of cash between cash desk and counter.
cash reserves Amount of easily accessible cash which a person or business keeps,
usually to cover an emergency.
cash settlement Settlement made in a cash market, or a settlement made in cash in any
market.
cash shell Company which may have some assets and cash, but whose main value
is in its listing on a stock market.
cash surrender value The amount of money received when a policyholder surrenders a life
insurance policy or similar with cash value.
cash terms Terms for a transaction where payment is made in cash. The terms
usually include a lower price for the goods or services.
cash unit trust Unit trust that invests in money funds rather than in shares.
cash up Add up the amounts of cash received during the day, as in a shop or
bank.
cash voucher Coupon or similar document which can be exchanged for cash rather
than goods.
cash voucher For the purpose of taxing benefits in kind, “a voucher, stamp or similar
document capable of being exchanged for a sum of money which is:
(a) greater than;
(b) equal to; or
(c) not substantially less than,
the expense incurred by the person at whose cost the voucher, stamp or
similar document is provided” (Income Tax (Earnings and Pensions)
Act 2003 s75).
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casino Place whose prime purpose is to allow people to gamble. The original
meaning was a place for dancing.
“An arrangement whereby people are given an opportunity to
participate in one or more casino games” (Gambling Act 2005 s7(1)).
A casino may be classified as a regional casino, large casino or
small casino, or may be below the limit for a licensed casino (ibid
s7(5)).
casino cage Place in a casino where cash and chips are exchanged. The term comes
from the high level of security needed for large amounts.
casino game “A game of chance which is not equal chance gaming” (Gambling Act
2005 s7(2)).
casino premises licence Licence issued by a local authority which allows the holder to operate a
casino (Gambling Act 2005 s172(3)).
cask conditioned beer Beer whose production process continues after being put into the cask.
Such beer produces an undrinkable sediment on which beer duty may
be relieved under procedures set out in Customs notice 226.
casual delegation Legal principle whereby a person who retains control of a chattel
remains liable for injuries inflicted by a negligent borrower.
casual ejector Legal fiction adopted until 1852 when the fictitious Robert Roe was
supposed to have come upon a land to evict the lawful possessors,
leading to an action for ejectment.
their earnings.
casualty ratio Estimated number of casualties for a defined activity, such as per ton of
bombs.
At the start of the second world war, the casualty ratio was believed
to be 50 dead or injured per ton of bombs. In reality the figure was
about 20.
casual vacancy In terms of a company auditor, when an auditor no longer holds that
post for reasons other than removal or resignation, such as on
retirement or illness.
catalogue club Arrangement whereby goods may be bought from a catalogue and are
paid for by regular instalments.
catastrophe bond Security whose value falls sharply if a certain eventuality happens.
They can be used as a form of securitised insurance.
catastrophe theory A qualitative planning technique which allows for sudden and large
changes which cannot be predicted by normal forecasting methods.
catching bargain Term once used for a loan on oppressive terms with an expectant heir.
Such a loan would now fall foul of Consumer Credit Act 1974 ss137-
140.
catching-up charge Amount which becomes liable to income tax as a result of moving from
cash accounting to accruals accounting.
This particularly arose from 2001 when certain professional
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cat-cracker Plant in which oil is cracked into different forms. The term is an
abbreviation of catalytic cracker.
category A pension Commonest form of state retirement pension payable from the age of
65.
From April 2012, the main eligibility criterion is that the person has
a national insurance record for at least 30 years. For those who retired
before April 2012, the requirement is to have a national insurance
record for at least 9 out of every 10 years of working life. So someone
whose working life was between 21 and 65, needed 40 years’ national
insurance out of 44 years’ working life.
Category A to D machines
Covered in regulations.
category B pension State retirement pension payable to a widow or widower who does not
qualify for a category A pension.
category C pension State retirement pension paid to someone who had already reached
retirement age in 1948 or payable to the widow of such a man. In 2003
it was stated that there was “a very small number” of such pensions in
payment.
category D pension Non-contributory state pension payable to people from the age of 80.
The amount of this pension is the same as for a Category B pension.
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category 1 territory Territory that exchanges information with the UK on savings income.
Under Finance Act 2010 s35 and Sch 10, a penalty of up to 100% of tax
may be charged for offshore tax evasion.
category 2 territory Territory that has agreed to exchange information with the UK on
savings income, but does not do so automatically. Under Finance Act
2010 s35 and Sch 10, a penalty of up to 150% of tax may be charged
for offshore tax evasion.
category 3 territory Territory that has not agreed to exchange information with the UK on
savings income. Under Finance Act 2010 s35 and Sch 10, a penalty of
up to 200% of tax may be charged for offshore tax evasion.
CAT standard Government-defined standard for financial products. The term was
introduced on 1 October 1998 until its replacement on 6 April 2005 by
stakeholder products.
The letters stand for Charges, Access and Terms which had to be
reasonable, easy and fair respectively. An individual savings account
(ISA) could only be marketed if it met the CAT standard.
caus lucrativa Latin: lucrative cause. This is one brought to acquire significant money
rather to achieve justice.
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causa sine qua non In law, a preceding link without which the causa causans could not
have happened.
cause celèbre Celebrated cause; any case or trial which generates considerable interest
or sets a significant precedent.
cause and effect relations In statistics, determining which factors influence others. The matter is
discussed more specifically in causation,
caution (1) Any form of warning to a person, particularly the warning given to a
person by the police when arrested.
(2) Natural reserve or reluctance to proceed.
caution money Money deposited with a college or Inn of Court as a guarantee of good
behaviour.
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CAV Cur adv vult. This is itself an abbreviation of curia advisari vult,
which is Latin for “the court wishes to be advised”.
caveat Latin: let him beware. Notice directing a person to refrain from such
action until a matter has been addressed. The word is also used more
generally to represent an exception or condition to a proposition.
CCC (1) Community Customs Code - the basic Customs rules applying
throughout the European Union (EU). The Code was established by
Council Regulation (EEC) No. 2913/92 but has been amended several
times since. Another regulation, Commission Regulation (EEC) No.
2454/93, sets out provisions for the implementation of the Code.
(2) Customs Co-operation Council - the former name of the World
Customs Organisation (WCO).
The WCO was known as the Customs Co-operation Council
between 1952 (when the organisation was first established) and 1994.
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CCH CCH Editions Ltd, publisher of text books on tax and other topics.
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C&E 132 Form issued by HMRC and which may be completed as evidence that
goods have been posted to another EU member state. Such evidence is
needed to justify zero-rating, as explained in VAT notice 725.
CEECs Central and Eastern European Countries - the Central and Eastern
European Countries (CEECs) include: Latvia; Estonia; Lithuania;
Romania; Bulgaria; Hungary; Poland; Czech Republic; Slovakia and
Slovenia.
cellarage Charge for storing something in a cellar. The charge is often made for
storing wine.
cell battery Battery in the form of a flat disc designed to be used in small
appliances, such as deaf aids.
cell bund Divider within a landfill cell to separate amounts of waste so dumped.
Material so used is not subject to landfill tax.
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cell engineering Using clay and other materials to protect the sides and bottom of a pit
used for landfill. Material so used is not subject to landfill tax.
Cenlon Tax case that restricts the right of inspectors to open old cases. The
term comes from the case Cenlon Finance Co Ltd v Ellwood [1962]
40TC176. It is discussed in the Inspectors’ Manual at BIM34035.
central assets account Single account held at a broker’s or bank to cover both banking and
broking services.
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central bank The main bank in a country. The central bank of the UK is the Bank of
England.
The main functions of a central bank are to:
● accept deposits and grant loans to commercial banks;
● print and control the issue of banknotes;
● control the money supply;
● manage the country’s national debt;
● influence or set interest rates;
● influence exchange rates, and intervene when necessary;
● hold the country’s reserves of gold and foreign currencies;
● deal with central banks of other countries; and
● act as lender of last resort to the country’s banks.
Central Bank Council Part of Bundesbank which has responsibility for setting interest rates
in Germany.
Central Criminal Court Court having jurisdiction to try all offences committed in Greater
London. It is commonly called the Old Bailey.
central departments Departments of a local authority or other public body which provide
support to departments, which deal with the public. Examples include
chief executive, personnel, accounts and legal services.
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central funds “in an enactment providing in relation to England and Wales for the
payment of costs out of central funds, means money provided by
Parliament” (Interpretation Act 1978 Sch 1).
centralisation Policy of taking control from local bodies to a central body, such as a
head office or central government. The opposite policy is known as
subsidiarity.
centralise Transfer authority from a local branch to a central office. The opposite
process is known as subsidiarity.
central limit theorem The observable fact that a distribution of sample means becomes
normal as the sample size increases.
In practice, this means that a normal distribution can be used for
estimating a mean when the sample size is at least 30 items.
central office Office from which an organisation, particularly a political party, is run.
In business a central office is more commonly called a head office.
Central Powers Term used before 1918 for the German and Austro-Hungarian empires.
central purchasing When all of an organisation’s purchases are made by one department
instead of being made directly by the various departments which need
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the items.
Central Statistical Office Body now known as Office for National Statistics.
century Period of 100 years. Each century starts at midnight on 1 January in the
year ending 01, so the 21st century started on 1 January 2001.
cepi corpus Latin: I have taken the body. Notification from a sheriff to a court that
he has custody of a person.
cereal Food product grown in quantity for making food products. It is traded
as a commodity. The main types of cereal are breadgrains,
foddergrains, corn and rice.
For VAT, cereals are usually zero-rated as food (VAT notice
701/14).
cereal bars For VAT, these are zero-rated as food unless they are sweetened with
“honey or other added sweetening matter” (VAT notice 701/14). There
have been many tribunal hearings on the exact scope.
cereal year Period of 12 months from 1 July to 30 June. It is used for the Whisky
Export Refund Scheme.
certain annuity An annuity which is paid for a fixed number of years, instead of for an
indefinite number (such as the rest of a person’s life).
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certificate of approval Document confirming that something has been officially approved.
certificate of deposit Document indicating that money has been deposited. Although this can
apply to a deposit with a bank, it is most commonly used to mean funds
deposited with the tax authorities.
certificate of discharge Certificate that HMRC may issue in respect of inherited property under
Inheritance Tax Act 1984 s239. It confirms that the inheritance tax has
been paid. Such a certificate is normally issued no earlier than two
years after the transfer.
The certificate assures a acquirer that no further tax is payable,
unless the acquirer was party to a fraud or misrepresentation.
certificate of incorporation
A document which confirms that a company is now registered and gives
it a registration number.
The certificate is sometimes referred to as the company’s birth
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certificate of independence
Certificate issued by the Certification Officer confirming that a trade
union is an independent trade union (Trade Union and Labour
Relations (Consolidation) Act 1992 s6).
Certificate of Master Report to the Chancery division of the High Court by a barrister on a
matter referred to him.
certificate of misfortune
Document once provided to a bankrupt to state that his bankruptcy was
not through his fault.
certificate of origin Document indicating the country from where imported goods
originated.
certificate of registration
Document stating that a person or body has been registered for a stated
purpose.
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certificate of value For stamp duty, a certificate made in connection with a transaction in
property that it is not a transaction nor part of a series of transactions
whose value exceeds a minimum, and that therefore either no stamp
duty is payable, or it is payable at a lower rate.
certificated bailiff Person who collects debts for bodies other than the court, such as for a
local authority or tax body.
certificated bankrupt Term once used for a bankrupt who was given a certificate of
misfortune.
Certification Officer Public servant who keeps a register of trade unions (Trade Union and
Labour Relations (Consolidation) Act 1992 s254).
certified cheque Cheque which a bank confirms will be paid from funds set aside from
the signatory’s account.
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cessate grant Grant of representation that terminates at the end of a specified time
span.
cessation date Date on which something ceases. For example, the term is used in SI
2010 No 429 in relation to a pension fund that ceases but where the
benefits are transferred to a new fund.
cessio bonorum In Scots law before 1913, when a debtor gave up his possessions to his
creditors as protection against imprisonment.
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cestui que trust Old French: beneficiary; person for whom another person is a trustee.
cestui que use Old French: person who has an interest in property during the life of
another.
cestui qui vie Person to whose use or benefit lands or other hereditaments were held
by another person. This was originally subject to Cestui Que Vie Act
1666 of which sections 1 and 4 remain law.
cf Abbreviation: compare.
CFI code Code for classification of financial instruments. They identify the type
of financial instrument; they do not identify the actual security, such as
the company.
The main CFI codes are:
E: equity U: no restrictions
S: ordinary share F: fully-paid
V: voting A: registered
CFP franc Unit of currency linked to the value of the euro¸ used by French
territories in the Pacific.
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Ch (1) Chancery. Since 1875 this has been part of the citation for reports
of cases heard in the Chancery division of the High Court.
(2) Chapter, in Acts of Parliament.
chain of causation Term used for the legal principle that a person can be liable for
foreseeable consequential losses provided there is a clear link with a
previous loss.
chairman Person who conducts a meeting. Such a person may also have general
oversight functions between meetings.
The chairman is either appointed according to a constitutional
procedure, failing which the chairman is elected by the meeting itself.
Such a ballot is conducted as the first item of business either by the
secretary or most senior person present.
Provisions for determining the chairman for company meetings are
given in Companies Act 2006 s319.
chairman’s statement Statement made by the chairman of a company and usually included
with the published annual report. Unlike the statutory directors’
report, the chairman’s report is optional and is not subject to the same
audit scrutiny.
chair rental Charge for using a chair and other facilities, particularly in a
hairdressing salon.
It is common for a salon to have an arrangement whereby
hairdressers pay a chair rental to the premises owner and keep the fees.
There have been numerous cases on whether such arrangements
comprise one business or several for VAT.
chalan Waybill; pass sending a man to a magistrate. [It can be spelled challan.]
Chamberlain, Austen English politician (1863-1937) who was Chancellor of the Exchequer
from 9 October 1903 to 4 December 1905 under the National
Government of Arthur Balfour, and from 10 January 1919 to 1 April
1921 under the coalition government of David Lloyd George.
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Chamberlain, Neville English politician (1869-1940) who was Chancellor of the Exchequer
from 27 August 1923 to 22 January 1924, and again from 5 November
1931 to 28 May 1937 under the national government of Stanley
Baldwin. He was the half-brother of previous Chancellor Austen
Chamberlain.
As Chancellor, Neville Chamberlain increased taxes to pay for
rearmament for the war. He was prime minister from 28 May 1937 to
10 May 1940.
Chamber of Commerce Representative body for trades in an area. They are taxed as a mutual
trading organisation as is discussed in the Inspectors’ Manual at
BIM24750.
chambers (1) Rooms attached to a court in which judges and other court officers
deal with matters that do not need to be heard in court.
(2) Private offices of barristers.
(3) Categories of tribunals according to the nature of what is being
determined, such as tax tribunals. Each tribunal has a first-tier tribunal
and an upper tribunal.
Champions League Football competition. Finance Act s63 and Sch 20 provides tax
exemptions for those who participate in 2011.
chancel Part of the church which separates the nave from the altar.
For tax, the significance is that a lay rector (a local land-owner) can
be required to pay for the repair of the chancel under a practice that
originated under Henry VIII and is now in Chancel Repairs Act 1932.
This affects about 5,200 churches. As the church can only usually
obtain grant funding when all other sources are exhausted, a church is
in effect required to exercise this ancient right.
A practical problem is that the lands to which this liability relates
are ancient (sometimes from 13th century) and not always accurate.
In the case Aston Cantlow v Wallbanks [2003], the Court of Appeal
held that this liability was contrary to Human Rights, but the House of
Lords upheld the liability, meaning that the land-owners had a large
bill. Following that case, it is now possible to obtain chancel repair
liability insurance.
Under Land Registration Act 2002, existing chancel repair
obligations cease on 13 October 2013 unless the church has noted the
interest with the land registry before this date.
chancellor Officer of state whose powers vary with each use of the title.
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Chancery One of the three divisions of the High Court. The other two are Queens
Bench Division and Family Division. It mainly deals with equity
issues.
change of name When a person decides that they wish to be known by another name.
This should be distinguished from simply using another name, as is
common among entertainers. This requires no procedure, provided the
real name is known by the tax and other authorities.
A change of name may be done simply by the person so declaring,
provided that:
• the change is for all purposes, and
• the change is not for a fraudulent purpose.
Although it is traditional for a married woman to assume her
husband’s surname, there is no legal obligation on her to do so. Where
she does, that is usually accepted without question.
Changes of name can be used for fraudulent purposes, such as for
tax evasion, social security cheating or to conceal offences. It is
therefore common for an employer or person who deals with that
person to ask for evidence, such as a statement from a person of
standing (such as a doctor) or for a signed affidavit.
There is a formal procedure of deed poll under the Judicature Act
1925. This is conclusive for all purposes. It is also possible to change a
name by Act of Parliament as in Baines Name Act 1907.
An adult who is baptised may changed their Christian names at a
service of confirmation under canon law B27(6).
Provisions for a company to change its name are contained in
Companies Act 2006 ss77-81. A change of name takes effect from the
date on the new certificate of incorporation (ibid s81(1)).
channel Term used by Customs to identify the exit through which a traveller
should walk on arriving in the UK. The three are blue for travellers
from the European Union; green for travellers outside with nothing to
declare; and red for travellers from outside with something to declare.
Channel Tunnel Permanent rail link between Britain and France which opened on 1
December 1990. It is also known as Chunnel.
There are special provisions for goods imported through the tunnel.
Under a special bilateral agreement, French and English Customs
officers are allowed to work in each other’s countries.
Export clearance facilities are provided at an inland clearance
depot (ICD). The English ICD is at Ashford in Kent. Incoming freight
trains may be cleared at Willesden. Outgoing freight may be cleared at
an ICD or at private sidings by special arrangement.
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Ch App Chancery Appeal. Series of Law Reports published between 1865 and
1874.
chapter 7 Section of the US Bankruptcy Reform Act 1978 which sets out the
procedure for liquidating a company.
chapter and verse Full citation of an authority being quoted to support an argument. The
expression comes from the Bible which is divided into chapters and
verses.
character appropriate In terms of agricultural property relief, means that the “farmhouse,
cottage or building must be proportionate in size and nature to the
requirements of the farming activities conducted on the agricultural
land or pasture in question” (HMRC inheritance tax glossary).
charcoal For VAT, charcoal as fuel may be reduced rated under Value Added
Tax Act 1994 Sch 7A Group 1 when supplied for domestic use. Further
details are given in VAT notice 701/19.
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chargeable amount In pensions, the amount that exceeds the lifetime allowance and is
therefore taxable.
chargeable asset Asset which will produce a capital gain when sold.
chargeable disposal Disposal of an asset that may trigger a liability for capital gains tax.
This excludes transfers between spouses or civil partners, and disposals
on a “no gain, no loss” basis (Taxation of Chargeable Gains Act 1992
s3A(1)-(3)).
chargeable dwelling Residential property for which council tax is payable (Local
Government Finance Act 1992).
chargeable event Transaction of event which gives rise to a liability for capital gains tax.
The term has a specific meaning in relation to employee share
ownership trusts where the term is defined in Finance Act 1989 ss69-
71.
chargeable gain Another name for capital gain, particularly by a company (Taxation of
Chargeable Gains Act 1992 s15(1)).
chargeable goods For Customs purposes means “goods on the importation of which value
added tax is chargeable or goods obtained in the United Kingdom
before 1st April 1973 which are chargeable goods within the meaning
of the Purchase Tax Act 1963” (Customs and Excise Management Act
1979 s78(1)).
chargeable income Total amount of income from all sources on which an individual is
liable to pay income tax.
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chargeable process Term used to describe a process that brings a product within the scope
of purchase tax. Although the term died with the tax in 1973, the
principle still applies under VAT rules, such as when zero-rated food
becomes standard-rated catering.
chargeable purchase Term used up to 1973 to describe a purchase that triggered a liability to
purchase tax.
chargeable transfer Gift made during a person’s lifetime which is potentially chargeable to
inheritance tax.
There are many transfers that a person may make which are not
chargeable, such as regular payments to support a person. There is also
an annual limit per person and an annual limit per donor. If the transfer
remains chargeable, in general the donor must live another seven years
for the transfer to escape the tax.
chargeable transfer “A transfer of value which is made by an individual but is not (by virtue
of Part II of this Act or any other enactment) an exempt transfer”
(Inheritance Tax Act 1984 s2(1). Sections 2(2) and 2(3) provide further
definition.
chargeable value For inheritance tax, “the chargeable value of an estate on death is the
total of the assets less liabilities less exempt gifts and capital reliefs”
(HMRC inheritance tax glossary).
charge account Facility a person or business has with a supplier where the supplier
provides goods or services for later payment.
charge card Payment card that allows its holder to spend money provided the whole
amount is repaid within a defined period. American Express and Diner
Club are charge cards.
chargé d’affaires Diplomatic agent who is accredited by the foreign officer rather than by
the monarch.
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charged amount Term used in Income Tax Act 2007 s427 in relation to the amount of
tax relief that may be claimed for certain annual charges.
charge for payment In Scotland, formal notice of unpaid debt which allows a sequestration
to proceed.
charges Companies can charge for financial services in different ways, some
more straightforward than others.
charges on income Payment by a company which reduces its liability to corporation tax
(Income and Corporation Taxes Act 1988 s338A). This is now
restricted to payments to charities.
From 1 April 2010, the term is replaced by charitable donations
relief and is governed by Corporation Tax Act 2010 ss189-217.
charging order Court order which requires some of the proceeds of sale of property to
be paid to someone.
charitable Description of something which is for the public benefit and therefore
qualifies for special rules for charities.
charitable deductions In the USA, deductions which may be made from taxable income in
respect of donations to charities.
In the UK, such deductions are not generally deductible, though the
charity can receive back the equivalent of the basic rate of tax paid if
the donation is made under Gift Aid. If the taxpayer is liable to the
higher rate, the additional tax relief is refunded to the taxpayer.
charitable expenditure In charity accounting, a figure in SOFA disclosing how much has been
given to other charitable bodies.
charitable purpose A purpose which is for the public benefit and is one of the following
descriptions:
“(a) the prevention or relief of poverty;
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charitable subsidy Tax charged from 1422. It was an extension of fifteenths and tenths
charged on chaplains and pensioners, who were otherwise exempt. It is
not clear when this tax ended.
charitable trust Trust established wholly for charitable purposes. Such a trust is exempt
from many rules and tax provisions which apply to other trusts. For
example, a charitable trust has an indefinite life.
The trust must be for a charitable purpose.
A charitable trust lasts indefinitely, it cannot be void for
uncertainty, it can be varied if it becomes obsolete and its property can
pass to another charity under the cy-pres doctrine.
For tax purposes, the advantages of a charitable trust are:
• donations may be tax-relieved, such as under Gift Aid,
covenanted payments or payroll giving;
• lifetime and death gifts to charities are exempt from
inheritance tax and capital gains tax;
• the trust itself pays no tax on its income or capital disposals.
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Charities Helpline HMRC telephone service to assist charities. The number is 0845 302
0203. The address is HMRC Charities, St Johns House, Merton Road,
Liverpool L75 1BB.
charity challenge event Treks, bike rides and similar events organised by a charity for fund-
raising.
The charity may provide travel and up to two nights’
accommodation and still qualify for the fund-raising exemption for
charities. After that, the event becomes taxable, usually under Tour
Operators’ Margin Scheme. Details are given in VAT notice 701/1.
The relevant section was revised in May 2004.
Charity Commission Body established under Charities Act 1993 s1A as a successor to the
Charity Commissioner for England and Wales.
Charity Commissioners
Body responsible for overseeing charities in England and Wales.
Similar bodies are proposed for Scotland and Northern Ireland
Charity Commissioners “means the Charity Commissioners for England and Wales referred to
in section 1 of the Charities Act 1993” (Interpretation Act 1978 Sch 1).
charity exemption For inheritance tax, a transfer made to a charity and which is generally
exempt from tax.
charity law “The law relating to charities in England and Wales” (Charities Act
2006 s2(8)).
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charity shop Shop that sells goods to raise funds for a charity.
Such a shop may benefit from reduced business rates. Donated
goods it sells are usually zero-rated for VAT.
Charity Tribunal Tribunal established by Charities Act 1993 s2A to hear appeals from
the Charity Commission, such as for non-registration as a charity.
charity trustees “The persons having the general control and management of the
administration of a charity” (Charities Act 1960 s46).
Charles I taxes Various taxes imposed by King Charles I between 1629 and 1640
during the 11 years that Parliament was suspended.
Charles II taxes Various taxes which Charles II tried to impose between 1660 and 1663
on the restoration of his reign.
chartered company Company which has been established by a royal charter rather under
one of the Companies Acts.
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chartered psychologist “A person for the time being listed in the British Psychological
Society’s Register of Chartered Psychologists” (Gender Recognition
Act 2004 s25).
charterparty Agreement by which a master lets an entire ship or part of a ship to the
charterer, and undertakes to deliver the cargo placed there to a
destination for an agreed sum. The charterer then becomes the legal
owner of the ship; the master and crew become his agents.
charts Printed charts similar to maps may be zero-rated under Value Added
Tax Act 1994 Sch 8 Group 3 as explained in VAT notice 701/10.
Charts intended as posters, plans or drawings are not zero-rated
within this Group.
chattel mortgage Money lent against the item purchased which is not land or buildings.
otherwise. It includes crops when harvested but not when still attached
to the ground (s7). It does not include shares, land or buildings.
“Personal property such as household and personal goods, furniture,
jewellery, antiques and works of art, stamp and coin collections, cars,
caravans and boats, electrical equipment, clothes, books and garden
equipment” (HMRC inheritance tax glossary).
CHD Coronary heart disease. Common abbreviation for sick notes (HMRC
leaflet E14).
cheapest to deliver In futures trading, the most cost-effective security for the seller to buy
and deliver on the fixed date. This is usually a Treasury security.
cheating the devil Colloquialism for an evil act whose gain is applied to a virtuous
purpose.
automatically rejected.
The last two digits of a VAT number are check digits.
checking account American term for a current account with a cheque book.
check-off System whereby the employer deducts an employee’s trade union dues
and pays them to the trade union.
Such a system is entirely voluntary on all parties. An employer does
not have to agree to operate such a system (even if the trade union is
recognised), the trade union does not have to accept payments, and
every employee in the trade union has the right not to have payments
made in this way.
Deductions must be authorised by the employee in writing before
the first one is made. An employee may notify an employer at any time
to stop making deductions. The employer must stop the deductions as
soon as possible on receiving such a notice.
From 23 June 1998, check-off requires only the same notification as
any other deduction from wages.
check routing symbol Number shown on a cheque in the USA. It identifies the Federal
Reserve district through which the cheque is cleared. It serves a similar
function to the UK sort code.
Cheney v Conn Court case from 1968 which established that a later Act of Parliament
takes precedence over an earlier Act.
cheque account Current account at a bank where the customer has a cheque book.
cheque book charity Belief that one’s altruistic obligations are met simply by making
payments to meet need, and not by any further involvement.
cheque book journalism Term introduced in the 1960s to mean the practice of paying people to
sell sensational stories for newspapers to publish.
cheque card Plastic card issued by a bank which guarantees to the payee that the
cheque will be honoured up to a figure stated on the card. It is now
usual for a cheque card to be combined with a debit card.
cheque requisition Written instruction within a business that a cheque needs to be raised.
Cheques Act 1992 Act of Parliament which gave legal effect to the words a/c payee only
on a cheque.
cheque stub The part of the cheque form which remains in the book when the
cheque has been removed. It is usual to record the date, payee and
amount of the cheque on the stub.
cheque to bearer Cheque where the payee is “bearer”. If this is an open cheque, it means
that anyone may walk into the bank and cash it. In practice, most
cheques now are supplied already crossed.
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Chicago School School of monetarists led by Prof Milton Friedman and based at the
University of Chicago.
chief accountant Person who is responsible for the accounts functions in an organisation.
In some organisations, particularly in the USA, the term chief finance
officer is preferred.
Chief Ombudsman Person so appointed by the Office for Legal Complaints under Legal
Services Act 2007 s122.
chief-rent Annual or other periodic sum payable to the owner of land. Provisions
to redeem chief-rent are set out in Law of Property Act 1925 s191.
child Person under the age of 14 (Children and Young Persons Act 1933). A
person aged 14 to 17 is legally a young person.
There are many specific legal provisions for children. In particular,
VAT for children’s clothing is zero-rated whereas adult clothing is
standard-rated.
Children are liable to pay on the same basis as adults (except for
national insurance for which the taxpayer must be 16).
It is generally illegal to employ a child of school-leaving age. This
is a factor that may be considered in determining whether wages paid to
one’s children are excessive remuneration. A leading case on this is
Dollar & Dollar v Lyon [1981] 54TC459. This matter is discussed in
the Inspectors’ Manual at BIM37737.
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child benefit Social security benefit payable for a child under 16, or a qualifying
young person who is 16 to 18 and in full-time education, and to some
19-year olds in limited circumstances.
It was introduced under Child Benefit Act 1975 when it replaced
family allowance. It is now paid under Social Security Contributions
and Benefits Act 1992 s141.
The benefit is usually paid to the mother who cares for the child,
though it can be claimed by a man. It is a weekly amount for each child.
A higher rate is paid for the first child in any week than for other
children.
Benefit is paid weekly and does not depend on national insurance
contributions.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
From 6 April 2011, they are tax-free up to £55 a week only for:
• employees already receiving vouchers on 5 April 2011; and
• employees who start receiving vouchers after 5 April 2011
and who are not expected to pay tax above the basic rate.
For employees who start receiving vouchers after 5 April 2011 and
who are liable to pay either higher (40%) or additional (50%) rate
income tax, the weekly limit is restricted to £28 and £22 respectively.
An employer is required to conduct a basic earnings assessment to see
if the employee is likely to reach these higher rates.
Childers, Hugh English Liberal politician (1827-1896) who was Chancellor of the
Exchequer from 16 December 1882 to 9 June 1885.
child in care For such a child, it is important to seek a national insurance number
while the child is 15. If no-one is claiming child benefit, a number may
not be issued automatically.
child of the family In relation to capital gains tax on an interest in a settlement, means a
child of either person in a marriage or civil partnership (Taxation of
Chargeable Gains Act 1992 s169F(6)).
child or remoter issue Term used in some Acts of Parliament to mean a descendant. This is
son or daughter, or grandchild, great-grandchild, great-great-grandchild
etc.
child relief Allowance against income tax in respect of each child for whom the
taxpayer was responsible.
It was introduced in 1920, and abolished in 1980 for British
children and from 1982 for children overseas, when it was replaced by
child benefit. Relief was given at one of three rates in age bands of 0-
11, 11-16 and over 16.
children’s barred list List kept by the Independent Barring Board of people not allowed to
work with children (Safeguarding Vulnerable Groups Act 2006 s2(1)).
children’s books For VAT, these are zero-rated under Group 3 of the zero-rating
schedule to the extent that they are text books.
There are many special provisions for colouring books, pop-up
books, and books which have the nature of toys.
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Children’s Commissioner
Office created by Children Act 2004 s1, effective from 15 November
2004. The Commissioner’s function is promote the interests of children.
children’s painting books Such books may be zero-rated for VAT under Value Added Tax Act
1994 and are not usually regarded as standard-rated stationery. Further
details are given in VAT notice 701/10.
children’s picture books Such books may be zero-rated for VAT under Value Added Tax Act
1994 Sch 8 Group 3, even if printed on cloth or plastic. Further details
are given in VAT notice 701/10.
child’s special allowance Social security benefit payable under Social Security Contributions and
Benefits Act 1992 s56.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
child’s tax credit (CTC) Social security benefit for families on medium or low incomes to help
pay for children. It is paid under Tax Credits Act 2002 Part 1.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
child trust fund business In relation to taxation of life assurance business, “means so much of a
company’s life assurance business as is referable to child trust fund
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child trust fund functions Functions of HMRC as set out in Finance Act 1989 s182(2ZB) in
relation to disclosure of information.
child trust fund policy “A policy of life insurance which is an investment under a child trust
fund (within the meaning of Child Trust Funds Act 2004)”.
chip and pin System for authorising payment on a credit card or debit card,
generally adopted on 14 February 2006.
The cards contain a microchip containing basic information.
Payment is authorised by the card holder entering a secret four-digit
PIN number in a machine.
chip card Type of credit card, debit card or similar which incorporates a micro-
chip to store data, such as transactions.
choice of law clause Where one of the parties to a contract may choose the territory whose
laws govern the contract. The term is used in Unfair Contract Terms
Act 1977 s27.
choose option Option where the holder may, up to a predetermined date, decide
whether to treat it as a call option or put option.
chose As a noun, the word means a chattel under the control of the owner.
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chose in possession Legal term for a physical object which can be owned, such as a piece of
furniture.
Christmas Eve Day before Christmas, namely 24 December. This is not a public
holiday, and is a normal working day (at least in theory).
Christmas present Present given on Christmas Day. Where the present is cash, it is
generally treated as a Christmas bonus and taxed as employment
income under Income Tax (Earnings and Pensions) Act 2003 s62.
Where the present is in the form of a gift, it may be taxable as a
benefit in kind, depending on the circumstances. If it arises from the
employment, it can be so taxed even if provided other than by the
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employer (though there is annual tax-free limit for third party gifts).
The fact that a gift comes from an employer does not automatically
make it a taxable benefit in kind if it is clear that the gift does not derive
from the employment. For example, a son who is employed by his
father is not taxed on a Christmas present from him if the gift has the
nature of a normal gift from a father.
Guidance is provided in the inspectors’ manual at EIM01040.
chronological age Actual age which has not been adjusted in any way.
chronological order When documents or notes are presented in order of date, usually
starting from the earliest.
Churchill, Winston English politician (1874-1965) who was Chancellor of the Exchequer
from 6 November 1924 to 4 June 1929 where he returned Britain to the
gold standard.
He was prime minister from 10 May 1940 to 26 July 1945, and
from 26 October 1951 to 7 April 1955. He is the only Chancellor or
prime minister to be depicted on a British coin.
Churchill crown Five shilling (25p) coin minted in 1965 to commemorate the life and
death of former prime minister Sir Winston Churchill.
church scot Form of tax comprising amounts of corn and poultry given to parish
priests in Saxon times on St Martin’s Day, 11 November.
church taxes Taxes imposed on the church in 13th and 14th centuries by both the
king and the Vatican. These were levied in various ways, with the
clergy allowed to assess themselves. In 1294 Edward I demanded very
heavy taxes including half their revenues as “convocation tax”. The
Pope unsuccessfully maintained that church tax needed his permission.
churchwarden Officer of the parish. Although this is not restricted largely to church
duties, the churchwarden was once a local authority official. Some
aspects of this remain. For example, all residents of a parish may vote
in the elections for churchwarden whereas only members on the
church’s electoral roll may vote for other church officers, such as
treasurer.
churning Practice which can occur at stockbrokers and insurers whereby they
repeatedly trade for the main purpose of earning commission.
The term is also used when the same funds are recycled for no
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cider “Means... cider (or perry) of a strength exceeding 1.2% but less than
8.5% obtained from the fermentation of apple or pear juice without the
addition at any time of any alcoholic liquor or substance which
communicates colour or flavour other than such as the Commissioners
may allow as appearing to them to be necessary to make cider (or
perry)” (Alcoholic Liquor Duties Act 1979 s1(6)).
CIF Carriage, insurance and freight. This is a form of contract for sending
goods overseas. It means that the price quoted or charged includes
carriage, insurance and freight.
A CIF contract imposes five duties on the seller:
● to ship to the port of shipment within the time stated;
● to procure on shipment a contract of affreightment which
ensures that the goods are delivered to the required destination;
● to insure the goods on terms current in the trade to the
benefit of the buyer;
● to provide an invoice for the goods; and
● to tender to the buyer a bill of lading, the invoice and the
insurance policy.
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Cinque Ports Originally the five ports of Hastings, Sandwich, Dover, Romney and
Hythe, all of which are in Sussex or Kent. From the 12th century until
1685, they enjoyed special privileges. The concept remains for
ceremonial purposes.
circle of mutuality Scope of tax-free mutual trading. Term used in the Inspectors’ Manual
at BIM24480 to define with whom such trading is mutual.
circular flow of income Model showing the flows of money around the economy. The economy
is conventionally split into firms and households and the circular flow
shows the movement of money between these groups. From households
to firms there is a flow of consumption expenditure which results in a
flow from firms to households of income. This income may be in the
form of wages, interest or profit.
circular funding Where money passes from one party to another, ending up where it
started. This is one of the hallmarks of a tax planning scheme of which
taxpayers are advised to be wary.
circular letter of credit Letter of credit sent to all branches of a bank which issued it.
circular letter of credit Precursor of travellers’ cheques. It is an instruction from a bank to its
associates to pay certain amounts to a customer who proves satisfactory
identification.
circular note Letter of bank-credit once given to travellers. The recipient could
redeem it for cash at the bank.
circulating capital Capital in the form of cash, debtors, raw material and stock. The
business needs this capital to run its business. The tax implication is
discussed in the Inspectors’ Manual at BIM33015.
circumstantial evidence Circumstances that point to a conclusion where direct evidence is not
available.
circumventing prohibition
Activity intended to circumvent the provisions of Terrorist Asset-
Freezing etc Act 2010. The term is used in s18.
City Area of London which is widely seen as the financial centre, a position
it has held from medieval times. It is also known as The City. It is an
area of about one square mile between Waterloo Bridge and Tower
Bridge.
city bank (1) In Japan, one of 13 banks which operate a national network.
(2) In USA, a bank in a city which operates for the Federal Reserve
Bank.
civic For VAT and such bodies, description of “objects which promote rights
and duties of citizens in matters of public interest and public affairs, and
whose objects do not solely or mainly benefit its members” (VAT
leaflet 701/5).
civil Legal term which distinguishes the subject matter from ecclesiastical,
criminal or military.
civil action Legal action brought by one person against another, such as for an
unpaid debt.
civil damages Penalty for a minor breach of the law, imposed outside the criminal law
system. Most tax penalties and motoring penalties are civil damages.
Such payments may be tax-deductible are discussed in the
Inspectors’ Manual at BIM38540.
civil law (1) Tradition of a code of law, such as that which developed in Europe
in parallel to British common law. It can also be found in Louisiana in
the USA, and Quebec in Canada.
In civil law, the courts do not create or develop the law but simply
apply it.
(2) All that law which is not criminal law. It thus includes such areas
as contracts, torts, property and taxation.
Civil List Annual grant by Parliament for the maintenance of the Queen and her
household. It started in 1760 when George III gave up his rights to
hereditary revenues in exchange for the list. The present law is Civil
List Act 1972.
civil partnership Relationship between two people of the same sex who are not closely
related. The relationship must be registered. It has many rights and
duties in common with marriage. It is governed by Civil Partnership
Act 2004.
civil partnership Legal arrangement similar to marriage but between two adults of the
same sex. It is generally regarded as a marital status.
Civil partnerships have been legal in the UK since 5 December
2005 under Civil Partnership Act 2004. The law has been extensively
rewritten so that civil partners have the same rights, duties and other
legal implications as marriage partners. There is a process similar to
divorce for ending a civil partnership.
Whatever tax or other financial provisions apply to a married couple
generally also apply to a civil partnership. Civil partners have similar
rights to claim benefits as marriage partners.
The few differences between a civil partnership and marriage is that
the former cannot be conducted in a church and there is no duty to
consummate a civil partnership.
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wish to enter into a civil partnership (Civil Partnership Act 2004 s7).
civil proceedings Legal action brought in the civil courts, such as between litigants.
civil remedy Remedy from civil proceedings, without using the criminal courts.
civil servant UK civil servants are liable to UK income tax and national insurance
wherever they work.
Civil Service code Code of conduct produced for the Civil Service by the Civil Service
Commission (Constitutional Reform and Governance Act 2010 s5).
Civil Service Commission Body that deals with appointments to the Civil Service, established by
Constitutional Reform and Governance Act 2010 s2.
CJ Chief Justice.
claim (1) Any statement made by a person that they are entitled to receive a
payment.
This can take many forms, including notification to an insurance
company that payment is due under the terms of a policy, a request to
receive social security or a bill for damages which the person believes
someone else should pay.
(2) The right of a person to use newly available land for a particular
purpose, particularly mining.
claim about defects Payment made to meet the legal expenses or other professional services
in connection with work done by a trade which is found to be defective,
particularly when that work was done after the trade ceased. There are
special provisions regarding tax relief for such expenses (Income Tax
Act 2007 s97(3)).
claimant (1) Person who brings civil proceedings, previously known as the
plaintiff.
(2) Someone who makes a claim, such as on an insurance policy.
(3) For Customs, “in relation to proceedings for the condemnation of
any thing as being forfeited, means a person claiming that the thing is
not liable to forfeiture” (Customs and Excise Management Act 1979
s1(1)).
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(4) For social security, “in relation to benefit... means a person who has
claimed benefit” (Social Security Contributions and Benefits Act 1992
s122(1)). Another definition is used for those who claim relief from
national insurance (Social Security Administration Act 1992 s191).
claimant company Company in a group which claims group relief from another company
in the group (Income and Corporation Taxes Act 1988 s402(1)). The
other company is known as the surrendering company. The law is
now contained in Corporation Tax Act 2010 Part 5.
claim period For group relief, accounting period of the claimant company as
explained in Corporation Tax Act 2010 s142.
claims department The section of an insurance company which deals with claims from
customers.
claims ratio Ratio used by insurance companies. It represents the value of claims
paid divided by premium income received.
claims reserve Amounts set aside by an insurer to meet costs of claims incurred but not
yet settled.
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clandestine entrant A person who enters a country by hiding in a vehicle, in other words, a
stowaway.
The term is used in Immigration and Asylum Act 1996 s32 as
amended by the Immigration and Asylum Act 1999. This provision
imposes a penalty on the driver of the vehicle unless he can prove that
he:
● did not know he had stowaways;
● had an effective system for checking for them; and
● had followed that system.
Clarke, Kenneth Conservative politician (1940- ) who was Chancellor of the Exchequer
from 27 May 1993 to 2 May 1997 in the government of John Major. He
reduced income tax but was forced to introduce a national insurance
surcharge when a Budget vote was unusually lost in Parliament.
class (1) Social status, as in upper class, ruling class, middle class, working
class.
(2) Category of investment, of which the two main types are stocks and
bonds.
(3) Category of national insurance.
class action Legal action brought by a group of people with a common claim, such
as victims of a dangerous product.
classes of shares “Shares are of one class if the rights attached to them are in all respects
uniform” (Companies Act 2006 s629(1)).
classes of spirits One of eight classes into which spirits are assessed for the purposes of
the quarterly returns for alcoholic liquor duty. The classes are:
1 Malt spirits
2 Grain spirits
3 Neutral spirits of agricultural origin
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classical taxation Traditional method of taxation, whereby the taxpayer completes a tax
return, and receives a tax assessment against which a payment is
made.
In the UK, classical taxation was generally replaced by the
imputation system for corporation tax in 1973. Classical taxation is
still used in the USA.
classic car For taxation of employment income, a car that is at least 15 years old
and with a market value of at least £15,000 (Income Tax (Earnings and
Pensions) Act 2003 s147(1)).
An employee who is provided with a classic car as a taxable benefit
is assessed according to market value rather than list price.
class 1 national insurance National insurance payable on cash earnings from employment.
Benefits in kind are generally not subject to class 1 national insurance,
but may be subject to class 1A national insurance or class 1B
national insurance.
Class 1 national insurance is paid by employees at the main
primary percentage on earnings which lie between the earnings
threshold and upper earnings limit. The employee then pays class 1
national insurance at the additional primary percentage on all
earnings above the upper earnings limit.
The employer pays employers' national insurance at the main
secondary percentage on earnings which lie between the earnings
threshold and upper earnings limit, and at the additional secondary
percentage on all earnings above the upper earnings limit.
The law on liability is contained in Social Security Contributions
and Benefits Act 1992 s6. The employee’s rate is set out in s8, and the
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employer’s in s9.
class 3 national insurance Voluntary payments of national insurance to allow a person to maintain
a complete national insurance record.
The law is Social Security Contributions and Benefits Act 1992 s13.
class 4 national insurance National insurance payable by the self-employed (as well as class 2) but
which does not count as a contribution. It is calculated at:
• the main class 4 percentage on earnings between two levels,
plus
• the additional class 4 percentage on earnings above the
higher level.
The law is contained in Social Security Contributions and Benefits
Act 1992 s15.
Class 4 is collected with income tax. It is a pure tax as it does not
entitle the payer to any benefits.
class of assets Putting together assets which have similar characteristics. In particular
distinguishing tangible assets from intangible assets.
This distinction is needed because the rules for amortisation and
revaluation differ between the classes.
class of beneficiaries When the beneficiaries of a trust are described rather than named.
An example is a trust established for all the settlor’s grandchildren.
class of intangible assets Category of intangible assets, each of which has a similar use to the
business (FRS 10).
class of tangible assets Category of tangible assets, each of which has a similar use to the
business (FRS 15).
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Clayton Act In USA, an anti-trust law passed in 1914. It restricts mergers and
acquisitions that limit competition, and prevents individuals from
serving on boards of competing companies.
clean bill of health Document once signed by port authorities to certify that there was no
infection on board a ship.
The term is now used figuratively to mean anything or anyone who
is satisfactory.
clean bill of lading Bill of lading to which there is no note attached saying that the goods
are faulty or damaged.
clean chain Series of legitimate trading transactions which are run in parallel with a
dirty chain relating to missing trader fraud. The parallel trades are
known as contra-trading.
Because the VAT input tax from the dirty chain is offset against the
output tax from the clean chain, VAT relief is gained without making a
claim for a repayment. This reduces the likelihood of the fraud being
investigated.
clean float Process of floating a currency on the market without any interference
from the government which issues the currency.
clean hands Freedom from dishonesty; honest intent. A person must “have clean
hands” to sue in equity. The term can also mean acting in good faith.
clean money Money which has been legally acquired, as opposed to dirty money.
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clean price Actual price of a bond less the accrued interest. The clean price is used
for comparing bonds.
clean sheet Record which shows that a person has not convictions or other marks
against his name.
clean surplus account Concept that a company’s income should show all gains and losses
without any of them being taken directly to capital on the balance sheet.
clearance (1) In tax, an arrangement whereby the tax authority confirms the tax
position in advance.
Such clearances are only available in limited circumstances. In
general, they prevent the tax authorities from taking a different view
later.
(2) Certificate issued by Customs that a ship has complied with
requirements and may therefore put to sea.
(3) Process whereby a procedure has been concluded, particularly when
goods are cleared by HMRC which has accepted a declaration for them
and formally released them for import or export.
clearance area Area where a local authority is satisfied that every residential building
has a category 1 hazard and where demolition is appropriate under
Housing Act 1985 s289 (as amended by Housing Act 2004 s47).
clearance certificate (1) For Customs, document stating that goods have been cleared by
Customs.
(2) For inheritance tax, a certificate from HMRC, requested on form
IHT30, confirming that all returns have been made and all inheritance
tax has been paid.
clearance order Order that could be made under Housing Act 1957 for clearing slums.
Such an order justified relief from estate duty under Finance Act 1958
s33, now repealed by Finance Act 1975.
clearance sale Period when a retailer sells goods at a lower than usual price to clear
stock so that new stock can be brought in.
clear day An entire day from midnight to midnight. The term is used in such
contexts as three clear days for a bill of exchange, meaning that parts of
a day are not counted.
cleared balance Balance on a bank account, excluding any sums paid in which have yet
to be paid out by the payer.
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cleared for fate Description of process whereby a bank advises when funds will be
available to honour a cheque.
cleared value Description of when funds in a bank account become available to the
customer.
clearing agency In America, the central officer where financial transactions are settled.
clearing and settlement Processes which take place after a trade in a share or other security.
clearing bank Bank which is part of the clearing system which allows banks to settle
transactions between customers of different banks.
clearing house Place where clearing banks exchange cheques or where transactions
get settled.
clearing cycle Process by which payments are effected using cheques and similar.
Traditionally this period is three days, though some transactions were
reduced to two days in 1994.
clearing house Central system for effecting payments between members. The best-
known is CHAPS used by banks.
clear profit Expression which refers to a profit, all of whose benefit goes to the
person or business with no amount to be deducted for any costs,
expenses, commission etc.
clear the court Require all people in a court to leave if they are not involved with the
case.
Care must be exercised when the clergy raise funds or are given
donations that this is not treated as taxable income.
There are some specific tax provisions, such as tax exemption for
heating and similar expenses in defined circumstances. A parsonage is
regarded as representative occupation and therefore is not taxed as a
benefit in kind. Other provisions about such matters as glebe income
and Easter offerings are of little consequence now.
clergy grant An addition to the poll tax payable by clergy from 1377.
clerical collar Collar worn by clergy. As they are not legally required to wear one, it
cannot be claimed as an expenses against taxable income.
Cl & Fin Clark and Finnelly’s Reports, law reports of House of Lords from 1831
to 1846.
click rate Measure of usage of a website. It is often used as the basis for payment
of commission between businesses.
clicks and mortar Colloquialism for a business that operates from both a website and
business premises.
client name Name of a tax agent’s client. When reporting, this name must be as
registered with HMRC.
climate General state of the weather. By extension it refers to any general state,
such as in economic climate.
climate change Belief that the world’s climate is changing, particularly from human
activity. This includes burning fossil fuels which release greenhouse
gases. Climate change has legal, economic and fiscal consequences.
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climate change agreement Agreement that may be made by a large user of energy, in return for
which the amount of climate change levy they pay can be reduced by
up to 80%.
climate change levy Tax introduced on 1 April 2001 by Finance Act 2000 s30. Details are
contained in Sch 6 of this Act, statutory instruments and HMRC
guidance.
The tax is charged on supplies of power to commercial
organisations. It is charged on electricity and mains gas at a rate per
kilowatt hour, and on liquid petroleum gas and other physical fuel at a
rate per kilogram.
A large user of energy may save up to 80% of the levy by signing a
climate change agreement.
Income from the tax was used to reduce employers' national
insurance by 0.3 percentage points.
clipping Practice of cutting off small amounts from early gold and silver coins.
The practice was countered by having designs which went to the edge
of the coin, and giving coins either milled edges or engraving an
inscription on the edge.
clock and watch tax An excise duty imposed between 1797 and 1798.
close (1) Finish the accounts for a period, from the analogy of closing a book.
(2) In law, the term meant enclosed land. The term was used in action
for trespass.
close company A company “which is under the control of five or fewer participators”
with a few exceptions (Income and Corporation Taxes Act 1988
s414(1)). The US equivalent is a close corporation.
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closed (1) In accounting, any period for which final accounts have been
produced.
(2) In tax, any period for which all returns have been properly
submitted.
(3) In business, a description where trading activity has ceased.
(4) In retail, a business that is not currently open for trade.
(5) In insurance, a syndicate year that has been closed by reinsurance
to close.
closed economy National economy where transactions are strictly controlled by the
government.
closed-end fund Fund established by an investment trust where the number of units is
fixed at the outset, and cannot be increased.
closed fund Any fund where the amount of capital which can be invested is fixed in
advance, such as investment trust.
closed market Trading arrangement where a supplier deals with only one agent or
distributor and does not supply any one else directly.
closed scheme Pension scheme which is closed to new members which has sufficient
assets to meet its protected liabilities. Special provisions apply to such
schemes under Pensions Act 2004 s153.
closed-end credit Loan, plus charges and interests, which are to be repaid by a specific
future date.
close-ended Description of any type of collective investment where the total capital
is fixed in advance.
closed-end fund Investment company with a fixed capital. Investments can only be made
by buying shares in that capital.
closed shop Arrangement whereby a person may only secure work by belonging to
the appropriate trade union. Such arrangements are now illegal.
In 1971, about one sixth of all British workers and 40% of trade
unionists worked in a closed shop.
close family “Close members of the family of an individual are those family
members, or members of the same household, who may be expected to
influence, or be influenced by, that person in their dealings with the
reporting entity” (FRS 8 para 2.1).
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closely held corporation In USA, public corporation that has a small number of stockholders and
where its stock is consequently rarely traded.
close period Period during which directors and other insiders are not allowed to
trade in shares or other securities of their company. It is also normal for
companies to refrain from making price-sensitive statements during this
period, though this is not strictly a legal requirement.
closer Term used in 19th century for workers, almost always women, who
made the upper parts of shoes in their homes.
close relative Term used by Financial Services Authority to mean a spouse or civil
partner, a child or step-child, the child’s parents or step-parents, a
child’s brothers, sisters or half-brothers or half-sisters, and any spouse
or civil partner of these.
(Regulated Activities Order; Financial Promotions Order)
close rolls Private deeds and similar held in Chancery from 1204 to 1903.
closet tracker Fund which is tracking another fund or an index without disclosing that
fact.
closeting Buying an item and using it briefly before returning it for a full refund.
It is also known as wardrobing.
closing balance The amount of an account at the end of an accounting period. This is
expressed as a debit or a credit.
In traditional bookkeeping, all such debits and credits are taken
from the nominal ledger and listed as a trial balance. As every
transaction has equal amounts of debits and credits, the totals should be
the same.
closing bid The final bid in an auction for which sum the item is sold.
closing date Last date by which an action will be permitted, such as applying for a
job or a tender.
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closing deal Transaction on a commodity market that closes a long or short position,
or terminates the liability of an option holder.
closing entries Entries made in the journal at the end of an accounting period to
balance the revenue and expense ledgers.
closing entry Entry made in the journal to close an account, that is to bring its debit
or credit value to zero. Such entries are made in accounts which are
created for a temporary purpose, such as a suspense account.
closing order Term once used when a local authority orders a house to be closed as
being unfit for habitation under Housing Act 1957 ss17-18, now
repealed. Under current law, such property is more likely to have a
demolition order served.
closing out American term for the practice of selling goods cheaply for the sake of
clearing the stock.
closing price Price of a share or other security at the end of a trading day.
closing rate Exchange rate of a currency at the close of business on the last day of
an accounting period.
closing rate method Technique for translating values in a foreign currency into the currency
of the business entity being reported.
The method translates the balances using the closing rate. This
method is widely used when consolidating accounts of a subsidiary
company which have been expressed in a foreign currency.
closing stock Value of stock held by a business at the end of an accounting period.
This figure is calculated by stocktaking to determine how much of
each item is held in stock, and valuation of the items. To this a figure is
added for work in progress.
The total is then entered in the nominal ledger as a journal entry.
The business calculates its cost of goods sold as:
cost of goods sold = opening stock + purchases – closing stock.
The cost of goods sold is subtracted from turnover to give gross
profit.
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closing the books Point when an accountant or treasurer accepts no further transactions
for an accounting period.
closure notice Order issued by a police officer of at least the rank of superintendent to
close premises he reasonably believes are used for using or producing a
Class A drug (Anti-social Behaviour Act 2003 s1). This may be
followed by a closure order from a magistrates' court.
closure order Order made by police of licensed premises under Licensing Act 2003
s161.
cloth of gold Tissue made from threads of gold, often with threads of silk or wool.
cloth tax Customs duty briefly imposed by Queen Mary in 1558 when she
extensively revised customs duties. This replaced wool tax.
clothing For income tax, clothes provided to an employee are a taxable benefit in
kind. For a lower-paid employee, the taxable value is the second hand
value of the clothes following the decision in Wilkins v Rogerson
[1961] 39TC344. Other employees are taxed on the cost to the
employee.
Normal clothing cannot be claimed as a business expense as it is not
“exclusively” acquired for the performance of the duties of the
employment, but is always acquired partly for warmth and decency.
This applies even when the clothing is required to meet the particular
requirements of the job, such as formal skirts and blouses for a lady
barrister (Mallalieu v Drummond). Exceptions apply to safety clothing,
uniforms and performers’ costumes.
For VAT, clothing is standard-rated except for children’s clothing
and some safety clothing that is zero-rated.
clothing club One of several organisations which existed in the 1920s and 1930s as a
means of helping poor people to afford clothing and bedding.
cloture Vote for an immediate end of debate and for a vote to be taken on the
substantive motion.
cloud memory Computer term for data which is held off-line on a main computer from
which it is accessed.
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club Usually an unincorporated association run by and for the benefit of its
members.
Their VAT position is explained in VAT leaflet 701/5.
club deal Syndicated bank loan where the borrower states to which banks the
main lender may syndicate sub-loans.
club premises certificate Certificate which may be issued by a licensing local authority for a club
(Licensing Act 2003 s60).
Clydesdale Bank Bank formed in Glasgow in 1838. The bank grew throughout Scotland
and became the first Scottish bank to open branches in England.
In 1919, Midland Bank acquired Clydesdale. In 1950 it was merged
with North of Scotland Bank which Midland had also acquired.
In 1987, Midland sold the bank to National Australia Bank which
still owns it.
Clydesdale Bank is one of three Scottish banks which still issues its
own banknotes.
CMR Convention Usual abbreviation for Convention on the Contract for the International
Carriage of Goods.
CN Combined Nomenclature
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co Company.
co- Prefix for someone working in conjunction with yourself, such as co-
worker or co-director.
COAF Part of the Financial Services Authority handbook that deals with
complaints against the Authority.
coal Producing coal is excluded from eligibility for venture capital trusts
under it s307B. Section 307B(3) clarifies that producing coal includes
extracting it.
The section defines coal according to EC Regulation 1407/2002 on
state aid to the coal industry. This says in Chapter 1 Article 2 (a) that
coal “means high-grade, medium-grade and low-grade category A and
B coal within the meaning of the international codification system for
coal laid down by the United Nations Economic Commission for
Europe (8)”.
This document was produced by United Nations in 1988. It broadly
defines high-rank coal as having a gross calorific value of at least 24
MJ/kg.
For VAT, coal may be reduced rated under Value Added Tax Act
1994 Sch 7A Group 1 when supplied for domestic use. Further details
are given in VAT notice 701/19. A supply of up to one tonne is usually
accepted as for domestic use.
Free coal provided to a miner, or an allowance in lieu of such coal,
is tax free under Income Tax (Earnings and Pensions) Act 2003 s306.
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coalition government Government by a combination of more than one party, particularly the
Conservative-Liberal Democrat government formed after the 2010
general election.
coastal erosion “The erosion of the coast of any part of England or Wales” (Flood and
Water Management Act 2010 s1(4)).
coastal tariffs A form of export duty charged from 1507. Customs tariffs were
significantly increased with great success. From 1487 coastal trade
required a certificate.
coasting ship Ship used for traffic between places in the UK and Isle of Man, known
as coastwise traffic.
It is an offence for a coasting ship to import goods to the UK.
coastwise traffic Sea traffic between places in the UK and Isle of Man.
It is assumed that such ships, known as coasting ships, are not
being used for the import of goods. It is an offence for them to do so.
code (1) Letters or numbers with no intrinsic meaning, but which provides a
means of identification against a predetermined list.
(2) Set of rules and procedures to govern particular eventualities.
code number Original term for tax code when PAYE was introduced.
Code Napoléon French system of law introduced by Napoleon in 1807 and which is still
the basis of French law.
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code of practice (COP) Set of rules and procedures which govern a body’s ethical standards in
a particular area. HMRC have such codes known as COP 1 etc.
codicil Document which is executed in the same manner as a will but which
amends provisions in an existing will while leaving other provisions
unchanged. The law is Wills Act 1837 ss1, 9.
coding out Method of recovering unpaid tax by adjusting a person’s PAYE tax
code (Income Tax (Earnings and Pensions) Act 2003 s684).
This may be used to recover up to £2,000 in unpaid tax. The limit is
due to rise to £3,000 from 6 April 2012.
CO2 emissions figure Amount of carbon dioxide from the exhaust of a car, expressed as so
many grams per kilometre. This figure is used to determine the amount
of vehicle excise duty payable, and the notional charge for providing a
company car to an employee.
COF index Cost of Funds Index. This is an index of interest rates on US Treasury
bills and Treasury notes. It is sometimes used to calculate mortgage
loans in the USA.
if they were civil partners” (Family Law (Scotland) Act 2006 s25(1)).
cohaerdes sunt quasi unum corpus, propter unitatem juris quod habent
Latin: co-heirs are regarded as one person on account of the unity of
title which they possess.
coin Metallic token used as a means of exchange avoiding the need for
barter.
Originally a coin was simply a piece of precious metal, such as gold
or silver. It was stamped with a picture of the ruler and a symbol to
denote its provenance and weight.
Modern coins have intrinsic value less than face value. The
difference is called seigniorage which is sometimes seen as a tax.
coke Solid residue from the distillation of coal such as after the production of
tar or coal gas. This residue may be used as fuel.
For VAT, coke may be reduced rated under Value Added Tax Act
1994 Sch 7A Group 1 when supplied for domestic use. Further details
are given in VAT notice 701/19. HMRC accepts that a supply of up to
one tonne is for domestic purposes.
[The word is also used to mean cocaine or Coca-Cola.]
cold start Colloquialism for a new business where there is no history on which to
base financial expectations.
cold weather payment Social Fund payment to certain categories of people when the weather
is expected to be below 0C for seven consecutive days.
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collateral contract Contract which runs with another contract. Breach of a collateral
contract may constitute a breach of the other contract.
collect Practice of recovering funds from those who owe them. This is part of
the process of credit control.
collectable Item acquired for the pleasure of possession rather than for its intrinsic
value. Examples of collectables include stamps, coins, dolls, chinaware,
antiques, matchboxes and cigarette cards. Works of art are usually
excluded from the scope.
The value of a collectable derives from the desire of others to
possess such items, and their scarcity to such collectors. Ordinary items,
such as matchboxes, therefore have the highest item when they were
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not seen as collectable when first used. Items sold as collectable, such
as commemorative coins, usually acquire no collectable value.
collecting agency Body which collects funds owing to others, usually for a commission
on the amount collected.
collecting bank Bank into which a person pays a cheque. The bank has a duty to recover
the funds from the payer of the cheque.
collection float Number of shares or other security that are outstanding and available
for trading by the public.
collection order Written order to a bank stating the conditions under which it may
release documents in connection with international trading.
collection ratio Average number of days it takes a business to turn its debtors into cash.
collection services Term used by Royal Mail for services which go beyond the normal
collection of mail. These include weekday collections, time collections
and single collections. Each of these attracts a charge.
collective Group of people who work together for mutual support, eschewing
outside bodies. This includes communes and kibbutzes. It is often
overlooked that most ordinary families function as collectives.
collective goods Those goods and services which cannot reasonably be provided by the
individual or private enterprise. Examples include military, police and
courts.
collective investment Investments such as unit trusts and investment trusts schemes.
collective responsibility
The managerial principle that all members of a board, team or political
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collectivism System of living where groups of people voluntary live together and
provide for the needs of themselves and other members.
collectors’ items Items which are acquired purely for the joy of collecting them rather
than for their utilitarian value.
Most such items can benefit from a special VAT scheme which
allows VAT to be charged at 5% on their sale. There are several
exclusions, including bullion coins and items which had been exported
in the previous 12 months.
This arrangement also applies to works of art and antiques.
colliery worker In relation to free coal, “means a coal miner or any other person
employed at or about a colliery other than in clerical, administrative or
technical work” (Income Tax (Earnings and Pensions) Act 2003
s306(4)).
colonial legislature “Mean[s] the authority, other than the Parliament of the United
Kingdom or Her Majesty in Council, competent to make laws for the
possession” (Interpretation Act 1978 Sch 1).
colonial pension Term used in Finance Act 1956 s40 to mean a pension paid by the
government of India, Pakistan, Burma or any British colony,
protectorate, protected state or UK trust territory. Subject to conditions,
the pension was free of income tax. This law was repealed by Finance
Act 1975.
colony “means any part of Her Majesty’s dominions outside the British Islands
except—
(a) countries having fully responsible status within the
Commonwealth;
(b) territories for whose external relations a country other than the
United Kingdom is responsible;
(c) associated states:
and where parts of such dominions are under both a central and a local
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legislature, all parts under the central legislature are deemed for the
purposes of this definition to be one colony.” (Interpretation Act 1978
Sch 1).
column Description of amounts which are listed one above the other, such as a
column of figures. They allow such figures to be added easily to give a
total.
columnar system Basic form of cash analysis which uses columns of figures to help
analyse income and spending to produce category totals.
combination General term for whenever two or more businesses come together to
form a group.
Combination Acts Laws passed in 1799 and 1800 to outlaw trade unions.
combined bingo Bingo which is promoted at one place and, for the purpose of a
particular game, combined with bingo played at another place and
promoted by another person. This is so that the players at both places
share in the chance of winning a prize contributed partly by one
promoter and partly by the other. It is also known as Linked Bingo.
It is subject to bingo duty.
combined licence Licence issued by Gambling Commission under Gambling Act 2005
s68 in respect of more than one category of licence in ibid s65(2)).
COMECON Council for the Mutual Economic Assistance, a form of economic unit
similar to the European Union but for countries in the Warsaw Pact.
It was formed by the Russian leader Stalin in 1949 as a means of
exercising influence in Yugoslavia. The initial members were Albania,
Bulgaria, Czechoslovakia, Hungary, Poland, Romania and USSR.
Albania was expelled in 1961. Cuba and Vietnam joined in 1972 and
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1978 respectively.
comfort zone Range of activities and other circumstances where a person feels
comfortable.
commander “In relation to any aircraft, include any person having or taking the
charge or continued command of the aircraft” (Customs and Excise
Management Act 1979 s1(1)).
commerce Trade of buying and selling goods or services with a view to profit.
commercial agreement Agreement made between two businesses. In the absence of any
indication to the country, the courts will regard such an agreement as a
contract.
commercial bank Bank which offers its services to the public, as against a merchant
bank.
commercial bill Bill of exchange issued by a business, as against bills issued by the
Treasury.
commercial cause In law, causes arising from normal business trading activities.
commercial district Part of a town or other area where the main offices and shops are
located.
commercial interdependence
For corporation tax, a relationship between two companies that makes
them associated companies.
commercial law General term for all aspects of a law which affect business activities.
These particularly include commercial law, company law, employment
law and tax law.
commercial loan Funds lent for the purpose of starting or expanding a business.
commercial loan selling Transaction where by a bank loan to a business customer is sold by the
bank to another bank.
commercial port Port for goods only, and not for passengers.
commercial report Investigation into a business, such as may be made by a credit reference
agency or investment analyst.
commercial value Worth of an item expressed as the price it would expect to fetch if
offered for sale.
commercial woodlands In terms of excluding tax relief for a loan to occupy such woods, the
term means “woodlands in the United Kingdom which are managed on
a commercial basis and with a view to the realisation of profits”
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commercial year Adaptation of the calendar year for the purpose of making financial
comparisons. Such methods are no longer widely used.
A commercial year typically recasts the calendar as 12 periods of 30
days each by making pro rata adjustments for months with fewer or
more days.
commissary One into whose custody a charged person is committed. The term is
used for other types of officer.
commission Fee paid to someone for acting on their behalf. It is normally calculated
as a percentage of sales proceeds. When paid to employees such as
sales staff, it is taxed as employment income.
commission agent Person who acts on behalf of another in return for a commission, such
as a sales person whose only pay is a percentage of the sales he secures.
commissioner for oaths Person who is allowed to administer oaths. This includes every solicitor
with a practising certificate.
commission house Firms which buy or sell for clients and charge a commission for this
service.
commission recapture Service offered to allow investors to recover commission they have
improperly paid or had deducted, particularly for pension plans.
commission rep Sales person, or representative, who sells goods or services for a
business which pays him commission on such sales.
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committee of reference Body of people to whom the management of an organisation may refer
matters for advice. Typically such a committee is established by a
charity or other voluntary body. Its members are people of eminence
whose inclusion is intended to reassure others with whom the
organisation deals about the integrity of the organisation. It is rare for
anything to be referred to the committee. Also called a council of
reference.
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commodities Basic items in large quantities which are traded in a manner similar to
securities.
Commodities include hard commodities, particularly metal such as
copper, lead and tin, and soft commodities, particularly foodstuffs such
as wheat, oats and maize.
commodity Basic raw material, for which special procedures and markets have been
developed for selling in large quantities.
Commodities are classified as hard or soft. Hard commodities are
mainly metals such as copper, tin, zinc etc.
Soft commodities include cocoa, coffee, cotton, grain, jute, orange
juice, pork bellies and rubber. Soft commodities are sometimes called
produce.
commodity broker Broker who deals with commodities, particularly one who acts for a
principal in a futures contract. The rules vary according to the
commodity market.
Commodity Code The code that identifies the description of individual goods or items in
the Customs Tariff.
The full code is either 10 or 14 digits long, but for many purposes
only the first 4 or 8 digits are used. It is also referred to as Combined
Nomenclature (CN) code.
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Common Budget Fund administered by the European Commission into which is paid
levies and duties on imported goods, and from which payments are
made under Common Agricultural Policy.
common carrier Person who offers the services of carrying goods. Such a person is
obliged to accept all requests of carriage within the offered terms.
common cost Cost which applies to two or more cost centres. The management
accountant must determine an equitable basis for apportioning such
cost.
common deed stamp Old form of stamp duty now abolished. It was charged for such
purposes as the appointment of a trustee or gamekeeper.
common employees One of the factors that can indicate commercial interdependence, and
therefore make two companies associated companies for the purposes
of corporation tax.
common employment Old law that excused an employer from injury suffered by one
employee from another. It was abolished in 1948.
common equipment One of the factors that can indicate commercial interdependence, and
therefore make two companies associated companies for the purposes
of corporation tax.
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Common Fisheries Policy Fishing policy of the European Union established in 1983, replacing an
agreement of 1971.
commonhold Leasehold where the leaseholders collectively own the common parts.
common law Body of decisions which make up most of the law other than Acts of
Parliament.
The main principle is that judges decided what is equitable in a
particular situation and that became the principle of what must be
followed in all further situations where the circumstances are
sufficiently similar.
English common law was the basis of law in England and Wales,
the USA and many territories formerly part of the British Empire.
common law wife Real wife where the marriage cannot be proved. Note that a common
law wife is not a live-in girlfriend.
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common lodging house Place where poor people were allowed to stay for the night (Public
Health Act 1936 s235). The law was repealed in 1985 under current
provisions for the homeless.
common management One of the factors that can indicate commercial interdependence, and
therefore make two companies associated companies for the purposes
of corporation tax.
Common Market Original name given in 1957 to what became the European Union.
The term refers to its original aim of being a free trade zone and
Customs union, rather than a supranational federation.
common ownership Situation where a business is owned by many people, particularly by its
employees.
common parts Parts of rented or leasehold accommodation which is not owned by any
individual tenant. The common parts typically include main entrance,
lobby, halls, stairs and garden.
For commonhold land, this definition is contained in Commonhold
and Leasehold Reform Act 2002 s25(1).
common period Period in which a company both owes tax and is owed tax. During such
a period, interest is only payable or refundable on the net amount.
common premises One of the factors that can indicate commercial interdependence, and
therefore make two companies associated companies for the purposes
of corporation tax.
common pricing Practice of suppliers agreeing to sell their equivalent goods or services
at the same price to eliminate competition. Such practices constitute a
cartel and are illegal.
common seal Device which a company may use to seal documents. It is no longer a
requirement for a company to have one.
The seal has the company’s name engraved in legible. characters. It
is fitted into a device which makes an impression on the paper. Its
provisions are contained in Companies Act 2006 s45.
A company may have another seal for use in another territory,
provided the name of the territory is added to the seal (ibid s49). It may
have another seal for share certificates, with the word “securities”
added (ibid s50).
common stock (1) The storage or mixture of goods which have been imported under a
relief such as end-use relief or inward processing relief with other
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goods that share the same Commodity Code to 8 digits and the same
technical and physical characteristics.
(2) In the USA, the term has a similar meaning to an ordinary share
except that it is denominated in amounts of nominal value rather than
numbers of shares. In the UK, a new company may have 100 shares of
£1 each, and each member owns so many shares. In the USA, a new
company may have commons stock of £100, of which each member
owns so much.
Common Transit (CT) Term used to describe Community Transit movements to, from or via
European Free Trade Association (EFTA) and Visegrad countries.
commons council Body corporate set up under Commons Act 2006 s26 to oversee
common land.
common size statement American term for a financial statement that lists each item as both an
amount and a percentage.
Commonwealth Term used from 15th century. The word “wealth” is used in its old
meaning of well-being or “weal”. The term is therefore used to mean
some form of political unity.
England was briefly described as a Commonwealth from 1649 to
1660 after Charles I was executed. On restoration of monarchy all laws
during this period were declared invalid.
When the term is used on its own (usually with a capital C) it
generally means what was known as the British Commonwealth. In
2008, this was a voluntary loose federation of 53 states, all but one of
which (Mozambique) had been part of the British Empire. The Queen is
the head of the Commonwealth, in addition to being the head of state
for 15 of its member countries. The total population is about two
billion, one third of the world’s population.
The term is also used for Australia, Dominica, Iceland, Poland and
four states of the USA: Kentucky, Massachusetts, Pennsylvania and
Virginia.
commorientes Legal doctrine that where two people die in circumstances where it is
unclear who died first, the law assumes that the elder died first (Law of
Property Act 1925 s184). This presumption is rebutted on evidence that
one person lived longer, even for a second, such as when a person
appears to have walked further from a fatal accident.
An extreme example is the first Baron Stamp. He and his son were
killed in an air raid on 16 April 1941. The son, being younger, was
assumed to have succeeded him as the second Baron Stamp for a
notional split second.
From 1 January 1996, the law of intestacy is generally amended so
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communis error facit jus Latin: common mistake sometimes makes law.
community association Organisation that provides recreational, welfare and similar facilities to
a local area.
The taxation of their profits is discussed in the Inspectors’ Manual
at BIM24320. Those with charitable objectives are discussed in the
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community care grant Lump sum discretionary payment from the Social Fund.
community charge A local authority tax introduced in Scotland in 1981 and in England and
Wales in 1982. It was never introduced in Northern Ireland. It replaced
the rates.
The community charge imposed a fixed amount per person, with
rebates of up to 80% for the poorest.
It became known as the poll tax, and proved unpopular. In 1993,
each person’s community charge bill was reduced by £140, paid by
increasing VAT from 15% to 17.5%. Community charge was replaced
by council tax in 1993.
community chest In USA, a fund of voluntary contributions for social and other
beneficial activities in an area.
Community goods Items which have been imported into the UK and where Customs has
granted a release for free circulation. From 1 January 1993, goods in
free circulation in any EU member state are regarded as being in free
circulation in all EU states.
community.
community interest test Test for a community interest company which is satisfied “if a
reasonable person might consider that its activities are being carried on
for the benefit of the community” (Audit, Investigations and
Community Enterprise) Act 2004 s35(2)).
community reinvestment American social obligation that requires banks and some other financial
institutions to meet the credit needs of people who would otherwise not
be customers. The requirement arises from Community Reinvestment
Act 1977.
community society For pool betting duty, “a society established and conducted for
charitable purposes, or mainly for the support of athletic sports or
games and not for private gain” (Customs notice 147).
Community transit (CT) Documentary system of controlling the movement of certain goods
across the territory of the European Union (EU) and that of other
signatories to the Transit Convention.
Community transit goods For Customs purposes, goods that pass through the UK.
The long statutory definition is given in Customs and Excise
Management Act 1979 s1(1).
commutation The giving up of part or the entire pension that would be paid at
retirement in exchange for a lump sum. Applied to any exchange of a
series of payments to which someone is entitled for a lump sum. In the
case of approved pension arrangements the amount that is commutable
is strictly limited.
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commutation payment Lump sum payment that replaces a periodical payment, such as when a
single payment is made instead of a salary or pension for a period.
If paid in lieu of salary, wages or other employment income, it is
taxed as employment income under Income Tax (Earnings and
Pensions) Act 2003 s62. If it is not so taxed, it may still be taxable
under s401.
commute Travel regularly to work, particularly between a suburb and a city. Such
travel is not normally allowed as an income tax deduction for
employees as it is not incurred in the performance of the duties of the
employment. The matter is discussed in the Inspectors’ Manual at
BIM37935.
compact farm Farm all of whose land is together. This became the norm with
enclosures in the late 18th century.
Companies Act Name given to many Acts of Parliament from 1844 for the regulation of
companies.
There was a major consolidation in 1948, amended by Acts of 1967
and 1976.
The next major consolidation was Companies Act 1985 as modified
by the Companies Act 1989.
The current law is Companies Act 2006.
Companies Acts Companies Act and other legislation is in force at a particular time. The
statutory audit requires that the accounts comply with the Companies
Act or Acts (which are usually identified in the audit report).
Currently Companies Act 2006 s2(1) defines this term as meaning:
● Companies Act 2006;
● Companies (Audit, Investigations and Community
Enterprise) Act 2004 Part 2;
● unrepealed provisions of Companies Act 1985; and
● unrepealed provisions of Companies Consolidation
(Consequential Provisions) Act 1985.
Companies House Place where companies must file an annual report, submit their annual
accounts and notify certain other changes, such as changes of director.
Apart from an annual fee, most forms are filed at no cost to the
company. Most forms are now filed electronically. Information on
companies is available to the public, usually on payment of a fee.
company Organisation which has a separate legal personality from those who
own it, known as members.
It is defined in Companies Act 2006 s1(1) as a body either former
either under that Act or under the legislation it replaces.
“A company is a separate albeit artificial legal person”
(BIM38210).
company auditor Person who audits a company’s accounts as required by Companies Act
2006.
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company car Car owned by a company and to which exclusive use is allowed to a
particular employee, and sometimes to his family also. This usually
includes the employee’s personal motoring in addition to business
mileage.
There are special tax provisions for company cars:
● the company cannot claim back any VAT on the car as input
tax;
● the employee must pay income tax on the benefit of being
provided with a car;
● if the employer also pays for the petrol, diesel or other fuel,
that also incurs a tax charge; and
● the employer (but not the employee) must pay class 1A
national insurance on the benefit.
The employee’s charges to tax are avoided if the company rules that
the car may only be used for business purposes and has procedures to
enforce this.
company contract Contract between a company and either a person or a business. Such a
contract is made either by a person acting on behalf of the company, or
by the company in writing under its common seal (Companies Act 2006
s43(1)).
company doctor (1) Person who specialises in analysing the problems of an ailing
company and proposing solutions. Such a person may be an employee
or a consultant.
(2) Medical practitioner whose services are retained by a company to
check on employees suspected of malingering or whose health is such
that their employment may not be able to continue.
company flat Apartment owned by a company for occasional use by its directors and
senior managers.
company law Branch of law which deals with the administration and oversight of
companies. The main law is Companies Act 2006.
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company pension scheme Pension scheme for employees arranged by the employer although
administered by independent trustees. Such a scheme is either a final
salary scheme or, more likely now, a money purchase scheme.
company registrar Person who keeps the share register of the company.
company representative In investment, a financial adviser who can only advise on his own
company’s products.
company secretary Person who is responsible for a company’s legal and financial
functions.
It is no longer a requirement for a private company to have a
company secretary (Companies Act 2006 s270(1)). Its secretarial
functions may be undertaken by a director or person appointed by the
directors.
A public company must have a company secretary (ibid s271). Such
a person must generally be a qualified accountant or lawyer, or have
held the position of company secretary in a public company for at least
three of the previous five years, or satisfy the directors that he otherwise
has sufficient experience for the post (ibid s273)
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company’s purpose The reason for a company’s existence. The Inspectors’ Manual states
“you should establish a company’s purpose by reference to the purpose
of those who are entitled to act for it” (BIM38210).
The matter can be important in determining whether company
expenditure is tax-deductible.
company tax return Form CT600 or equivalent which a company must complete each year
to indicate how much corporation tax is payable.
company vehicle Vehicle made available to an employee who may be subject to a taxable
benefit as a consequence. The definition is given in Income Tax
(Earnings and Pensions) Act 2003 s236(2).
company’s constitution Term used in Companies Act 2006 s17 to mean the company’s articles
of association and resolutions and agreements to which Chapter 3 of
the Act applies.
comparability The extent to which two figures, companies or other items may be
sensibly compared.
This is one of the four qualities of accounting information
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comparative figure figure in annual report giving the equivalent amount for the previous
accounting period.
compassionate leave Absence from work granted by an employer in accordance with either a
contractual right or at the employer’s discretion.
Employees have certain statutory rights to take time off work.
These rights are maternity leave, paternity leave, parental leave and
time off for dependants. Compassionate leave is additional to any of
these statutory rights.
Most employers have a policy of allowing compassionate leave
within reason, particularly if the employee is willing to make up the
hours and the nature of the work allows this.
compensating errors Two or more errors which have the effect of cancelling each other out.
They are still errors which need correction.
compensating goods Goods which are exported having been imported for inward
processing for Customs duty purposes. When the compensating goods
are exported, the duty on the original import is refunded.
If the compensating goods cannot be exported, duty may be
reclaimed for equivalent goods.
compensation Payment to someone to make up for a loss they would otherwise suffer.
Someone cannot claim compensation unless the other person is
liable in some way, such as:
● under an insurance policy;
● under a contract; or
● under the law of negligence.
For a business, the taxation of compensation depends on the nature
of the matter being compensated. This is discussed in the Inspectors’
Manual at BIM 42951.
For an employee, compensation is generally not regarded as taxable
income but may be adjusted to reflect taxation under the Gourley
principle.
compensation benefit In relation to public pensions means “so much of any pension,
allowance or gratuity as is provided under the civil service
compensation scheme by way of compensation to or in respect of a
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compensation culture Change in attitude discernable during the 1990s where every accident
gives rise to a claim from someone else rather than being seen as an
accident for which the victim should accept responsibility.
There was no significant law change. The change is one of
perception, exacerbated by heavily advertised companies offering to
pursue the claim.
compensation rate Addition to the amount of a statutory payment which an employer may
recover from the state.
compensation stock When gilts are offered by the government for shares in a company that
it has compulsorily required.
The capital gains tax treatment is set out in Taxation of Chargeable
Gains Act 1992 s134.
Compensatory Interest Interest charged by HMRC when Inward Processing Relief suspension
goods are diverted to Free Circulation.
competition (1) General term for all other companies providing the same products or
services and therefore competing against business.
This competition is regarded as healthy as it helps ensure that
customers get the best prices and service. There are laws against
monopolies and cartels which restrict such competition.
(2) Event where more people try to obtain something that only one can
have, such as when three companies compete for one order.
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Competition Commission Body formed in 1999 from the merger of Monopolies Commission and
Restrictive Practices Commission, formed in 1948 and 1973
respectively.
It investigates proposed takeovers and allegations of anti-
competitive practices.
competition pricing: Setting a price on the basis of what competitors are charging, rather
than on the costs of supply.
competition wallah Indian civil servant who obtained his appointment under the
competition system introduced in 1856.
competitive advantage Where a business provides a service or benefit which is not provided by
competitors.
competitive devaluation Where a country devalues its currency to make its exports more
competitive.
This is now not regarded as a good policy. The policy has, among
other consequences, the effect of making imports more expensive.
competitive pricing Determining pricing according to a policy of what will provide a benefit
against prices charged by competitors.
competitive products Products developed to compete with existing products from other
suppliers.
competitor Business which provides the same goods or services in such a way that
both businesses must compete with each other for business.
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compilation Something which has been produced by bringing other things together,
particularly a book.
complaisant Desirous of pleasing. The word should not be confused with the similar
sounding complacent, which has a different meaning.
complementary goods Goods which are used together, so an increase or decrease in demand
leads to an increase or demand in the other.
completion day Date in a completion notice from which council tax or business rates
become payable on a new building.
completion notice Notice served by a local authority on the owner of a building when the
authority either considers the building to be complete or reasonably
expects it to be within three months. Council tax or business rates
become payable from the completion day.
completion risk Inherit risk in limited recourse financing of a project that the project
may not be completed.
complex case For tax tribunals, a case that is expected to be complex, require a long
hearing or involve a large sum (The Tribunal Procedure (First-tier
Tribunal) (Tax Chamber) Rules SI 2009 No 273 rule 23). Such a case
may go straight to the Upper Tribunal.
complex lottery Form of lottery which has two or more stages. In the first stage, a
winner is selected at random as in a simple lottery. There are then
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further stages which do not rely on chance (Gambling Act 2005 s14(3)).
complex sale Sale which requires the consent of more than one person on the
customer’s side. Such sales are more difficult as the sales person must
address the concerns of all parties involved.
compliance audit Audit of procedures, such as whether invoices paid can be traced to
despatch notes and orders placed.
compliance burden Cost to an individual or business of complying with a tax law or other
regulatory provision. It is a factor that must be considered when
legislating.
compliance certificate Certificate issued by a company to an investor under Income Tax Act
2007 s204(1) which states that its issue of shares meets the
requirements for EIS relief. The company must have first issued a
compliance statement to HMRC.
compliance department
Section of an organisation which is responsible for ensuring the
compliance of that organisation.
compliance statement Certificate issued by a company to HMRC under Income Tax Act 2007
s205 confirming that an issue of shares meets the requirements for EIS
relief. Such a certificate must be issued before a compliance certificate
is issued to the investor.
composer An artist, sculptor, composer or other creator of art may average profits
over three years under certain conditions (Income Tax (Trading and
Other Income) Act 2005 s221).
composite hereditament Premises that are used both as business premises and living
accommodation.
Council tax is payable for the living accommodation, and business
rates on the rest.
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composite holding Holding of more than one class of share or debenture of a quoted
company following a reorganisation of the company’s capital.
The capital gains tax implications are given in Taxation of
Chargeable Gains Act 1992 s130.
composite resolution Resolution which incorporates several different resolutions which have
the same general effect. These are often seen at the TUC conference.
composition order Alternative to a final order when a debtor cannot clear his debts within
three years.
compound discount Difference between the nominal amount and its present discounted
value. So if £100 in two year’s time is worth £95, the compound
discount is £5.
compounded settlement Offer by HM Customs and Excise not to pursue criminal action in
return for a penalty payment made by the person charged with an
offence.
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compound householder Person who makes one payment for both rent and council tax (or rates).
compounding Arrangement between a debtor and creditors for settling debts other
than by full payment when due.
compound interest Where interest is charged on the principal and on the interest already
applied, as against simple interest where interest is only charged on the
principal.
If interest is charged at 5% on £1,000, the interest rate after year 1 is
£50 under either simple interest or compound interest. For year 2, the
5% is charged on the total of £1,050, so the interest rate is £52.50. So
the total is £1102.50 for compound interest, against £1100 for simple
interest.
As time passes, the effect of compound interest is enormous as can
be shown by how £1,000 grows at 5% a year.
YearsCompound interestSimple interest
1 1050.00 1050.00
2 1102.50 1100.00
3 1157.62 1150.00
4 1215.50 1200.00
5 1276.27 1250.00
10 1628.89 1500.00
20 2653.29 2000.00
30 4321.94 3500.00
40 7039.98 4000.00
50 11,4673.99 4500.00
100 131,501.25 6000.00
To calculate compound interest, it is necessary to use special tables
or, more commonly, a calculator with a key marked xy. On many
calculators this key is obtained by pressing SHIFT and then another key
such as x (multiply).
The interest rate is converted from a percentage by dividing by 100
and adding 1, so 5% is expressed as 1.05. Using this figure for i, the
total amount of principal and interest after n years is in.
compound journal entry Entry in a journal which involves more than one debit and one credit.
compound quantity In algebra, quantity containing more than one term, as in:
x+y
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comprehensive income Total income from all sources, including capital gains.
In the UK, comprehensive income is shown in the statement of total
recognised gains and losses. In the USA, this figure must be declared
by businesses.
comprehensive insurance Insurance policy which covers all risks (with a few exceptions). The
term is particularly used for motor insurance.
comptroller Old title sometimes used for a financial controller, although it has the
same meaning. The term is commoner in the USA than UK.
compulsory acquisition Acquisition of shares from unwilling sellers, usually in the final stages
of a takeover bid.
compulsory annuity The UK legal requirement that at least 75% of a pension fund must be
used to acquire an annuity, and which therefore limits the payment of a
lump sum to 25% of the fund.
compulsory deregistration
When a business is obliged to have its VAT registration cancelled. This
must happen in various circumstances, such as ceasing to make taxable
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supplies.
compulsory purchase An annuity bought with the fund built up in a personal pension scheme
annuity.
compulsory recognition For trade unions, recognition which is awarded by the Central
Arbitration Committee after following the procedure in Trade Union
and Labour Relations (Consolidation) Act 1992 Sch A1.
compulsory registration When the law requires a person or business to register, particularly the
requirement for businesses of sufficient size to register for VAT.
compurgation Old legal term for clearing an accused person by witnesses joining their
oaths to his.
computation Calculation.
Sometimes a distinction is made that a computation involves the
application of rules, as in calculating the amount of tax due, whereas a
calculation is simply the performing of mathematical functions.
computational error Mistake which arises from a calculation rather than from the original
figures.
computational provisions Those parts of tax law which state how tax is to be calculated.
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computer bureau Business which provides computer services. This includes processing
data, usually with some related clerical services.
computer network Arrangement whereby more than one computer can access the same
data.
concealment case Case brought by a woman for equal pay where the employer has
concealed relevant information from the woman (Equal Pay Act 1970
s2ZA(2)).
concealment device Something which appears to be an ordinary item but which is designed
to conceal an item.
Such items have been primarily devised for espionage. The British
government had a department MI 9 producing such items during the
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second world war. They have occasionally been used as a form of safe,
such as disguising a wall drawer to look like a power point.
concentric merger Joining together of two businesses, primarily to share their expertise.
concept testing Testing the idea of a new product or service with a target audience
before making it generally available.
conceptual framework A statement of principles providing generally accepted guidance for the
development of new reporting practices and for challenging and
evaluating the existing practices.
concert party Group of people acting together, such as in acquiring shares with a view
to mounting a takeover bid.
concession (1) Right to use someone else’s property, such as a retailer who is
allowed to operate in a large store.
(2) Exclusive right to sell a particular product, perhaps subject to
conditions, such as in a defined area or to a defined category of
customers.
(3) Yielding a point, and not proceeding with enforcing a right. It is the
first of the three Cs in dispute resolution.
concessionaire Person or business which has a concession, namely the exclusive rights
to sell particular goods in a particular place.
concessionary fare Fare which is reduced for a particular category of person, such as
children and the elderly.
Conciliation Board Body formed in 1893 to mediate in industrial disputes. They were
largely ignored, as employers established their own forums. Today the
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conciliation officer A person designated under Trade Union and Labour Relations
(Consolidation) Act 1992 s221 to assist in resolving workplace issues.
COND Part of the FSA handbook in the section of High Level Standards that
deals with Threshold Conditions.
conditional bid Term used particularly in takeovers. The offer price of the shares to be
bought is on condition that sufficient shares are offered to acquire a
controlling interest. If insufficient shares are offered, the bid fails.
conditional caution Caution given by the police to someone over 18 who admits a criminal
offence for which a trial is considered inappropriate, where the caution
has conditions which the person must obey (Criminal Justice Act 2003
s22).
conditional indorsement When a bill of exchange has been indorsed subject to a condition. The
condition may be ignored (Bills of Exchange Act 1882 s33).
conditionality threshold Minimum requirement regarding earnings and hours to qualify for
universal credit.
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conditional share award “An award of a number of shares of which the employee will become
the owner at a future date if specified conditions are met”
(Inspectors’ Manual at BIM 44001).
conditioned fear In psychology, process of learning by which people, babies and even
animals can be taught behaviour in learning that certain conduct will
avoid pain or discomfort.
conditions of employment
Provisions in a contract of employment which regulate that
employment.
Such provisions are only legal to the extent that they comply with
company law, do not contravene the Unfair Contract Terms Act ??? and
are not contrary to public policy.
The conditions must be agreed by the employee in advance. They
may be contained in the contract itself or otherwise made known to the
employee such as in a separate book or on a notice board.
conditions of sale Provisions in a contract for sale, where such provisions regulate that
sale.
conduit case Tax avoidance arrangement where money is paid out soon after being
paid in. An example is Herman v IRC [2007] STC 571.
confidentiality clause Clause in a legal agreement that neither party will disclose certain
details to any third party. Such clauses are commonly found in contracts
of employment and agreements to settle a dispute.
confidentiality hallmark Condition agreed between a promoter of tax avoidance schemes and
the tax authorities that the promoter will not disclose details of the
scheme to any third party. Normal professional advice is not included.
confirmation (1) Statement which accepts the truth of a statement already made. An
example is a written order confirming a purchase already made by
telephone.
(2) In Scotland, a court order confirming the validity of a will and the
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confirmatory resolution Resolution of the House of Commons on a motion from the Chancellor
of the Exchequer for the renewal of a tax (Provisional Collection of
Taxes Act 1968 s5(3)).
confiscation order Order made to confiscate property and wealth which has been acquired
by crime (Proceeds of Crime Act 2002 s6).
conflict of interest When a person who has roles in two organisations finds that those
interests conflict.
A director of a company must avoid such conflicts (Companies Act
2006 s175).
confounding variable In statistics, a feature that is not controlled but could affect an outcome.
congestion charge Charge imposed on road users in an area with a view to reducing traffic
in that area.
It widely refers to a scheme introduced in central London on 17
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conglomerate discount Difference between the separate values of the businesses which make
up the conglomerate and the lower price at which the conglomerate
trades.
conglomerate merger Merger between two firms purely for creating a bigger entity,
particularly when there is no commonality in expertise or product
range.
conjoined arrestment One of three types of arrestment of earnings orders which may be
made by a Scottish court. It is a combination of the other two, the
earnings arrestment and current maintenance assessment. Each of
these two elements is collected under its own rules.
Con LR Construction Law Reports, reports of court cases published from 1985.
connected person Person with whom another person has a close relationship. This is
usually either a family relationship (eg wife, brother) or a business
relationship (employer or fellow director).
Many provisions of law and tax have specific provisions relating to
connected persons. Company law, for example, requires disclosure of
any dealings with a connected person.
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consent order Order given by a court or tribunal to which both parties have agreed.
For tax tribunals, the procedure is given in The Tribunal Procedure
(First-tier Tribunal) (Tax Chamber) Rules SI 2009 No 273 rule 34.
consequential loss A financial loss occurring as the result of some other loss. Also known
as an indirect loss.
The loss of the building, stock etc is a direct loss. The loss of a
building destroyed by fire is a direct loss. The loss of profit because of
the inability to continue trading is a consequential loss.
It is possible to insure against consequential loss.
consequential loss policy Insurance policy which pays for losses sustained when a business is
prevented from continuing from an insurable risk.
Such a policy is typically added to other policies. For example,
insurance for premises may cover the cost of rebuilding plus the loss of
profits and customer claims which may result from not being able to
trade until the factory is rebuilt.
Such policies are also known as loss of profits policy or business
interruption policy.
consignment accounts Financial records which record goods sent and received.
Such accounts are now rarely kept, as these functions are
administered through the normal ledgers and stock control.
consignment stock When stock belonging to one person is stored on the premises of
another (a dealer) who is allowed to sell it in the normal course of
business, and who returns any unsold items to his supplier, usually the
manufacturer. Such arrangements are widely used by car manufacturers.
The main element of consignment stock is that legal title does not
pass to the dealer until a specific transaction takes place. The
commonest is selling the stock to a customer, but other examples can
include taking the item for the dealer’s use.
The accounting treatment is explained in Appendix A to FRS 5.
Broadly this involves identifying the nature of the arrangement between
dealer and supplier, particularly in regard to commercial risk. If this
leads to the view that the consignment stock represents the dealer’s
stock, that is how it is accounted under the substance over form
accounting concept.
For VAT, consignment stock is regarded as a supply even though
the goods have not moved from the supplier’s premises. However such
stock is not normally regarded as an export or removal to an EU state
until the goods have left the UK.
consignor For Customs purposes, the authorised person from whose premises
goods are dispatched in duty suspension.
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consistency concept Fundamental accounting principle that the same accounting policies
are used each year unless there is a good reason to change and that is
stated in the accounts.
consolidate Put together to make one, particularly when the accounts of a holding
company and its subsidiaries are consolidated as group accounts or
consolidated accounts.
The process involves adding together the accounts of all companies
after deleting transactions between them. So if A had £100,000 of sales
including £1,000 to B; and B had £50,000 of sales including £2,000 to
A, their consolidated figure for sales would be £147,000 comprising
their combined sales less the sales to each other.
consolidated accounts Accounts for a group of companies prepared as if they were one
company.
consolidated annuities Government securities that pay interest but have no redemption date.
They are commonly known as consols.
consolidated fund Money held by the government in its Exchequer Fund. It comprises
receipts from taxation and is used to pay for government spending. The
Fund started in 1787.
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Consolidated Fund Act Law which is passed each year detailing application of public funds for
spending.
consolidated shipment When goods from different suppliers are shipped together.
consolidation act Act of Parliament that consolidates older Acts into a more coherent and
logical order. Most current taxes are consolidations.
consolidation adjustments
Accounting adjustments made to the financial statements of companies
in a group before consolidating them.
The adjustments include removing intra-group transactions and
adjustments necessary for the accounts to be on the same basis.
consolidation cargo Another term for groupage. This is when freight from more than one
supplier is put together as a single consignment to another country.
There are implications for Customs and VAT records.
consolidation difference The amount by which the price paid to acquire a subsidiary differs from
the assets and liabilities acquired.
consolidation of mortgages
The right of a mortgagee (lender) to require a mortgagor (borrower) to
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consolidation of shares When shares of a very low value are replaced by fewer shares of higher
value. Such as when 1p shares are replaced by 25p shares.
consolidation order Order of a court that combines separate legal actions, so that the
decision is binding on all parties.
consols Government bonds which pay interest but have no maturity date. The
term is an abbreviation for consolidated annuities.
consortium claim Claim for consortium tax relief under Income and Corporation Taxes
Act 1988 s402(3)).
consortium company “In relation to a link company, means a company which is a member
of the group of which the link company is also a member but is not
itself a member of the consortium of which the link company is a
member” (Income and Corporation Taxes Act 1988 s406(1)).
consortium conditions Conditions that must be met to claim corporation tax loss relief in a
consortium. The three conditions are given in Corporation Tax Act
2010 ss132-133.
consortium relief Relief from corporation tax when a consortium makes a loss. Broadly,
the loss is claimed by each consortium owner in the same ratio as their
holding.
conspiracy theory Idea that events are all part of an organised plot.
In reality, most supposed plots are fanciful interpretations on
random events. Human nature is too unpredictable for all but the
simplest of conspiracies to be reliable. Simple and obvious explanations
are usually the correct ones.
Once a conspiracy has been established in a workplace they can be
very difficult to shift as every subsequent event can be made to fit the
conspiracy. For example, if a workforce believes there is a conspiracy
to make them redundant, a boss not saying good morning can be seen as
hiding his embarrassment. A boss who says good morning can be seen
as covering up.
constant currency Currency value where fluctuations have been removed. This figure is
often used to quantify sales and profit.
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constant exchange rate Adjustment made to accounts to strip out day-to-day fluctuations in
exchange rates in sales and profit figures.
constituent wines Two or more wines which are blended to make a saleable alcoholic
drink. Alcoholic liquor duty is charged in accordance with Alcoholic
Liquor Duties Act 1979 s54(3A).
constitutional monarchy Form of monarchy, where the monarch’s position is largely one of
prestige and influence, and the government of the country is left to an
elected parliament, as in the UK.
constrained discretion “A principle which applies to the situation in which policymakers have
some freedom (discretion) to vary policy instruments, such as taxes or
interest rates, but within well-defined limits (constraints). A well-
designed policy framework gives policymakers sufficient freedom to
respond flexibly to shocks and sufficient constraints to ensure that they
do not exercise their discretion in a way that could undermine the long-
term stability of the economy.” (HM Treasury Guidance).
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constraint.
construction For VAT purposes, new construction may be zero-rated under Group 5.
However, the VAT provisions are very complex so advice should
usually be sought.
constructive notice When someone is made aware of a matter which legally requires them
to investigate.
constructive removal Early payment of excise duty so that goods move from being duty
suspended to duty paid.
This is sometimes used by brewers for commercial reasons. It is
explained in various Customs leaflets, such as 226 for beer.
consuetudo est altera lex Latin: a custom has the force of law.
consular employee “Includes any person employed for the purposes of the official business
of a consular officer at —
(a) any consulate,
(b) any consular establishment, or
(c) any other premises used for those purposes”
(Income Tax (Earnings and Pensions) Act 2003 s302(4)).
consular officer “Has the meaning assigned by Article 1 of the Vienna Convention set
out in Schedule 1 to the Consular Relations Act 1968” (Interpretation
Act 1978 Sch 1).
consultation HMRC and HM Treasury published their policy in the document Tax
Consultation Framework in March 2011.
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consumable goods (1) Goods which are used in the daily activities of a person or business,
such as food, detergent and paper.
(2) Another name for consumer goods.
consumables Overhead expense of goods that are consumed through use, such as
stationery, light bulbs and cleaning materials.
consumer A person who makes a transaction other than in the course of business.
See dealing as consumer.
Consumers have additional rights in contract to those enjoyed by
businesses. These relate to cooling-off periods, unfair contract terms
and unsatisfactory goods.
“A person who purchases, uses or receives, in Great Britain, goods
or services which are supplied in the course of a business by the person
supplying them, or a person who uses or receives relevant postal
services in Northern Ireland” (Consumers, Estate Agents and Redress
Act 2007 s3(2)). “Consumer includes both an existing consumer and a
future consumer (ibid s3(3)).
consumer credit Financial facilities provided by banks, finance companies, retailers and
others to enable consumers to buy goods which they may not be able to
afford to buy directly.
Such arrangements are strictly regulated by Consumer Credit Act
1974.
consumer-credit register Register kept by the Director-General of Fair Trading under Consumer
Credit Act 1974. It lists all those who all licensed to carry on a
consumer credit business.
consumer goods Goods bought by individuals for their personal use and not for business
use. Examples include food and clothing.
consumer hire business “Any business carried on by a person so far as it comprises or relates to:
(a) the bailment or (in Scotland) the hiring of goods by him, or
(b) otherwise his being an owner,
under regulated consumer hire agreements.” (Consumer Credit Act
1974 s189(1)).
consumer magazines Marketing term for a publication aimed at the general public covering a
broad range of topics.
consumer matters “The interests of consumers and any matter connected with those
interests” (Consumers, Estate Agents and Redress Act 2007 s3(5)).
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Consumer Panel Panel established by the Legal Services Board under Legal Services
Act 2007 s8 to represent the interests of consumers.
consumer protection Laws, regulations and activity designed to protect consumers against
unscrupulous traders.
consumer research Marketing term for studies into why customers are likely or not likely
to buy a particular product.
consumers Persons who user services or have rights or interests in them (Legal
Services Act 2007 s207(1)).
consummate As an adjective, the term means the best, not just someone who is good.
consumption tax Tax charged on the use of an item. Such taxes are usually levied to
reduce demand.
Contact Committee Advisory body established by the European Union to oversee the
application of European accounting directives and to make
recommendations about such directives.
contact details List of how a person may be contacted. The details may include name
and postal address, telephone numbers, mobile phone number, fax
number and e-mail address.
container For Customs purposes, this “includes any bundle or package and any
box, cask or other receptacle whatsoever” (Customs and Excise
Management Act 1979 s1(1)).
contango Charge made by stockbroker for carrying over a position from one
account to another without paying for or delivering the stock. These are
often arranged on contango day.
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contango day In trading in shares and other securities, the last dealing day of an
account, when customers may arrange a contango rather than pay for
purchases or deliver stock for sale.
contested takeover When a company attempts to take over another company which resists
such attempts. It is also known as a hostile bid.
Continental Shelf Sea area extending beyond UK territorial waters sub-divided and
allocated to a number of Countries including certain European Union
(EU) Member States. Areas designated to the UK are called the UK
Continental Shelf.
National insurance provisions are given in Social Security
Contributions and Benefits Act 1992 s120.
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contingency planning Planning which certain statutory bodies must make to deal with an
emergency (Civil Contingencies Act 2004 s2).
contingency principle For stamp duty, the rule that if the consideration cannot be ascertained
at the time of stamping, the maximum figure should be used (Stamp Act
1891 s56).
contingent asset Asset whose existence is known but where a value cannot be quantified.
contingent discount A discount granted by a seller to a buyer subject to the buyer satisfying
certain conditions. For example, a discount might be dependent on the
buyer making a certain minimum level of purchases within a stated
period.
contingent expenses Expenses which will only be incurred if an uncertain event happens.
contingent gain Gain which will only accrue if an uncertain event happens.
contingent legacy Legacy that is subject to a condition, such as the beneficiary reaching
the age of 21.
contingent liability Liability whose existence is known but where the amount cannot be
quantified.
For capital gains tax, a contingency is ignored in determining the
disposal proceeds. If a contingent liability is later enforced, the taxpayer
may make a claim for the tax to be adjusted. This must be done within
four years (five before 6 April 2010) after 31 January following the end
of the tax year in which the disposal was made.
contingent loan Term used in relation to the taxation of life insurance companies.
Details are found in Finance Act 1989 s83ZA.
contingent loss Loss which will only be suffered if an uncertain event happens.
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contingent policy Insurance policy which only pays if an uncertain event happens, such as
one person dying before another.
continuation option Allows employees to continue their group insurance coverage under
certain conditions after their employment has terminated (much less
common today).
continuing commitments Regular outgoings by someone claiming a budgeting loan from the
Social Fund.
continuing operations Term used in a profit and loss account where the trading figures have
separated those which derive from discontinued operations. This means
that acquired businesses are included but disposed of businesses are
excluded (though shown separately). The reason for this separation is
because continuing operations show users of accounts where future
profits will be earned.
continuous compounding Assumption made in some compound interest calculations that interest
is being added continuously and not at set intervals.
continuous disclosure Accounting term used in Canada to mean the duty a company has of
disclosing its financial position to its members.
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made on the first entry. In manuscript accounts, the two entries may
be indicated by the contra symbol ¢ .
contraband of war Goods which neutral countries may not supply to belligerents at war.
contract note Document which shows that shares have been bought or sold but not
necessarily yet paid for.
contract of employment Written agreement of terms of employment which the employer must
provide within two months.
contract of sale “A contract of sale of goods is a contract by which the seller transfers
or agrees to transfer the property in the goods to the buyer for a money
consideration, called the price”. (Sale of Goods Act 1979 s2(1)).
contract work Work done according to a written agreement, as against work for any
other reason, such as statutory duty or necessity.
contracted-out rebate
contracting party Person or business which is one of two or more people making a
contract.
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contract of insurance For tax purposes, this is defined in Financial Services and Markets Act
2000 (Regulated Activities) Order 2001.
contractor Someone other than an employee who you engage directly to work for
you. Most contractors are self-employed.
contractual holiday The amount of holiday leave to which an employee is entitled under the
contract of employment.
From November 1999, the Working Time Directive requires this to
be at least four working weeks plus eight working days. For someone
working a five-day week, the minimum is 28 days..
contractual obligation An existing obligation that arises under a contract already made.
When a new tax provision is introduced, it may contain an
exemption for a contractual obligation that existed before the date the
new provision takes effect.
contractual pay Pay and benefits a person is entitled to receive from their employer.
contra entry Entry made in the accounts to reduce the balance in an account to zero.
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contra prefentem rule In law, principle that an ambiguity in any rule must be resolved against
the person who seeks to rely on it.
contrarian Someone who goes in the opposite direction to everyone else, such as
investor who is buying shares when others are selling them.
contrarian investing Following an investment strategy which is the opposite of most other
people’s.
contra-trading Form of carousel fraud that involves a clean chain and a dirty chain.
It is part of the missing trader fraud.
The dirty chain seeks to recover VAT input tax fraudulently by
offsetting it against output tax from the clean chain of honest
transactions. As this does not trigger a repayment claim, it is less likely
to arouse the suspicions of HMRC.
contribution conditions Rules governing what classes of national insurance entitle a person to
contributory social security benefits. They are set out in Social Security
Contributions and Benefits Act 1992 s21.
contribution notice Notice which the Pensions Regulator may send under Pensions Act
2004 s38 to the trustees of a final salary (or defined benefit) pension
scheme where there is evidence of an attempt to prevent recovery of a
debt from the employer. This is also known as a section 38 notice.
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contribution of capital Money provided to a business to provide additional capital to run the
business.
contributions legislation In relation to national insurance for IR35 companies, “means any Part
of this Act or provision of such a Part” (Social Security Contributions
and Benefits Act 1992 s4B(13).
contribution to the firm Amount which a limited partner or non-active partner has
contributed to the partnership plus his share of retained profits (Income
Tax Act 2007 s105; Corporation Tax Act 2010 s57). This figure is used
in determining such a partner’s maximum tax loss relief from the
partnership.
contributions committee A corporate group, particularly in the USA, organized to make grant
decisions usually with the guidance of a corporate foundation or
contributions administrator. Typical responsibilities include setting and
interpreting policy, approving an annual budget, and reviewing grant
requests.
contribution year For national insurance, a year for which contributions are appropriated
even when the national insurance is paid in another (usually later) year.
contributor concerned For entitlement to contributory social security benefits, “means the
person by whom the [contribution] condition is satisfied” (Social
Security Contributions and Benefits Act 1992 s21(5)).
contributory benefit Social security benefit where entitlement depends on having paid
sufficient national insurance.
contrived arrangement One of the hallmarks of a tax planning scheme of which taxpayers are
advised to be wary.
control account Any form of account which keeps a control on the bookkeeping, such as
a total account.
control group Group of people who are used to compare results on an experimental
group in experimental design.
controllable variance Difference between a budget figure and the actual figure where the
difference is within the control of the manager responsible for the
budget.
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controlled activity Activity where a person can be alone with a child or vulnerable person.
Such activity is regulated by Safeguarding Vulnerable Groups Act
2006. If the activity is such that a relationship of trust could develop
between the parties, it is called a regulated activity.
controlled company Company where one person owns at least 50% of the voting rights. (In
the USA, the figure is 25%.)
controlled drug “Any drug which is subject to control under the Misuse of Drugs
legislation” (Customs notice 4). This notice sets out the condition for
importing such drugs.
controlled waters “(a) Tidal water and parts of the sea in or adjacent to Great Britain up to
the seaward limits of territorial waters; and
(b) any area designated by order under section 1(7) of the Continental
Shelf Act 1964” (Mineral Workings (Offshore Installations) Act 1971
s12).
controlling interest Interest in a company which gives its holder control of the company.
This is usually anything above a 50% holding.
control order An order imposed on a person under Prevention of Terrorism Act 2005.
control panel In computing, an icon representing a basic function of the computer that
the user can access for certain purposes, such as to change the date or to
select a different modem.
control period Period over which a matter is particularly examined or an idea tested,
often in relation to other periods.
In accounting, a control period is usually part of a year for which
separate budget figures are produced.
For statutory sick pay, a control period is the maximum number of
weeks for which an employee may be expected to be absent. A list of
periods is given in HMRC booklet E14.
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conurbation Area where two large but separate areas have expanded into each other,
such as Bradford and Leeds. There is no such thing as a small
conurbation.
convalescence Period after surgery or an illness while a person regains their normal
health.
For statutory sick pay, absence for convalescence is allowable.
For income tax, expenditure on convalescence, such as in a home,
are not tax deductible are discussed in the Inspectors’ Manual at
BIM37950. A leading case is Murgatroyd v Evans-Jackson [1966]
43TC581.
convenience goods Category of household goods which may be suddenly needed. Items
include most household consumables such as sugar, light bulbs and
rubbish sacks.
convenience yield Price which users of a commodity are willing to pay to avoid risk of not
being able to obtain supplies.
convergence criteria The convergence criteria were the five conditions set that countries had
to meet if they wanted to take part in full economic and monetary union
in the European Union. They were:
● Inflation - no more than 1.5% above the average inflation
rate of the lowest 3 inflation countries in the EU
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converse With the parties reversed. The converse of “you must pay HMRC” is
“HMRC must pay you”. It is not the same as the contrary or opposite.
conversion costs Cost of changing one thing to something else. In accounting, the term
usually refers to the cost of converting raw material to components or
finished products.
conversion of funds Using someone else’s funds for a not intended purpose.
An example is when a client’s account is invested to earn interest
for the service provider.
conversion of securities When a share or other security is converted to another type of security.
The capital gains tax implications are given in Taxation of
Chargeable Gains Act 1992 s132.
conversion premium Cost of converting a share at current market price into a convertible
security.
conversion price Rate at which one item may be converted to another, such as the
amount of ordinary shares offered for loan stock or the rate of exchange
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conversion ratio Expression of how many of one item are to be regarded as the
equivalent of another. In finance, the term particularly means the
number of units of security for which a convertible security may be
exchanged.
conversion value Value of convertible stock, which includes any extra value of the
ordinary shares to which it is converted.
convertibility The extent to which one thing may be converted to another, particularly
the extent to which loan stock may be converted to ordinary shares.
convertible bond Any type of bond which may be converted to ordinary shares before the
bond matures. Such a financial instrument is the equivalent of a straight
bond with a warrant.
convertible currency Currency which may be easily exchanged for another currency. The
opposite is blocked currency.
convertible debenture Debenture, loan stock or similar which may be converted to ordinary
shares at a future date.
convertible loan Loan finance for a business that is later converted into share capital.
convertible loan stock Money lent to a company under a financial instrument which may be
converted to ordinary shares at a future date.
convertibles Collective term for all forms of financial instrument which are capable
of being converted to ordinary shares.
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cooking test A test that may determine whether a claimant is entitled to the lower
rate of care component when claiming disability living allowance.
The test is that the person is unable to cook an ordinary meal on a
standard cooker on at least some days. A person may be eligible even
though they can use a microwave cooker.
A person will demonstrate entitlement under this test if, for
example, they are unable to peel and chop vegetables, use a tap, lift hot
pans, use cooking utensils, drain vegetables or determine when a meal
is properly cooked.
cooling-off period Period where the law allows someone to change their decision. There
are many cooling-off periods in consumer law.
There is a six-month cooling period for the option to tax provisions
relating to charging VAT on rent.
co-operative Income Tax Act 2007 s401 contains tax provisions for investment in a
co-operative. For this purpose it is defined according to Industrial
Common Ownership Act 1976 s2.
coram non judice Latin: in the presence of one who is not a judge.
core and satellite Investment strategy that combines a large portfolio of conservative
investments, such as blue chip companies, with smaller investments of
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core business The main commercial activity of a business as against its peripheral
activities.
core section In tax, part of a form that applies to all taxpayers. For example, self-
assessment form SA100 has a core section to be completed by all
taxpayers. This section is supplemented by specific pages for different
types of income and for particular circumstances.
Corn Laws Series of enactments from 1360 designed to regulate the import and
export of grain. A particularly important law was passed in 1815 which
banned import of corn until its price reached 80 shillings per quarter.
This kept the price of bread high, and led to an uprising. It also lead to
political controversy between protectionism and free trade.
The provisions were softened by laws in1828 and 1842. A vigorous
Anti-Corn Law League was formed in 1839. From 1846 to 1869, the
corn law existed as a nominal duty of one shilling per quarter.
corn tax Excise duty levied from the Tudor period to 1846, as part of the Corn
Laws.
Corn imports were controlled from Tudor times to protect British
suppliers, mainly by import duties.
Adam Smith’s The Wealth of Nations (1776) first suggested their
abolition as a move to free trade. Soon an Anti Corn Law League was
formed to campaign against a tax which raised the price of bread, the
staple diet of the poor.
The Irish potato famine, which led to huge imports of corn, finally
prompted its repeal. It was replaced by the second re-introduction of
income tax.
corona For VAT, gold investment coin issued by Austria and listed in VAT
notice 701/12A.
usually not as risky as shares because a company will pay off all its
debts (including bonds) before the shareholders get anything.
corporate foundation American term for a body that receives its income from a profit-making
company but is a legally independent entity.
Usually this type of foundation carries the name of the parent
company. Corporations may fund these foundations with a donation of
permanent assets or with periodic contributions. (Also called a
company-sponsored foundation.)
corporate raider Person or company that buys a stake in a company before making a
hostile bid to take it over.
corporate veil Protection provided by company law to shareholders. This means that
any liability is incurred by the company and not by its shareholders.
This protection may be removed in very limited circumstances, such as
where the company is a sham or where the management has engaged in
fraud.
In the UK, removal is referred to as “lifting” the veil, whereas in the
USA, the term is “piercing” the veil.
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corporation sole The legal person represented by the office rather than the office-holder.
So “the Bishop of Durham” means whoever occupies that office at that
time.
Corporation Tax Acts “means the enactments relating to the taxation of the income and
chargeable gains of companies and of company distributions (including
provisions relating to income tax)” (Interpretation Act 1978 Sch 1).
corpus Term sometimes used to mean the capital of a fund, as against its
income.
corpus dilecti Latin: body of the offence. The facts which comprise a legal offence.
correcting entry Entry which is designed to correct a mistake previously made in the
financial records. It has the same meaning as an adjusting entry, where
the bookkeeping requirements are set out.
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correspondent bank Bank which accepts deposits and performs other services for a bank
which is not represented in a territory.
corresponding day rule Rule of legal interpretation that a time limit of one month means by one
less than the same day in the next month. An example in a tax case is re
O’Connor Utilities Ltd [2009] EWHC 3704 (Admin) where it was held
that the time of one month from 4 November 2008 meant by 3
December 2008.
corset In finance, any regulation or procedure which has the effect of severely
constraining action.
cosmetic surgery Surgery designed to correct a physical defect, mask the effect of ageing
or otherwise improve a person’s physical appearance.
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COSRS service “Service in employment which qualifies the earner for a pension
provided by a salary related contracted-out scheme” (Social Security
Contributions and Benefits Act 1992 Sch 1 para 1(9)).
cost accountant Accountant who provides management with information about the
business’s costs. A cost accountant is a particular type of management
accountant.
cost accounting Process of preparing figures to identify costs of products and services.
cost adjusting factor Amount by which a group insurance premium is adjusted in the light
of experience.
Such experience may include claims record, location, occupation
and workforce profile.
cost assets ratio Accounting ratio used by banks. It is calculated as operating expenses
divided by average assets over the same period.
cost centre Person, group, division or other part of a business to which costs can be
allocated in management accounting.
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cost income ratio Accounting ratio used by banks. It is calculated as operating expenses
over a period divided by operating income for the same period.
cost of capital Equivalent interest rate for how much the company’s capital costs it.
cost of carry (1) Extent to which the cost of holding funds exceeds the return they
earn.
(2) In a futures contract, the cost of holding the underlying security.
cost of funds (1) In banking, cost of borrowing in the principal money markets. This
cost determines the interest rates charged to customers.
(2) In commerce, cost of raising additional finance for a business.
cost of generating funds Figure in a SOFA of a non-commercial body for the expenses of
generating income, such as the cost of a church stewardship campaign
or a charity’s fund-raising expenses.
cost of goods sold Materials, labour and other costs directly related to the goods or
services provided.
cost of living allowance Addition to normal earnings to pay for living expenses, such as when an
employee is temporarily relocated. When paid as a fixed sum, it is
added to gross pay and is subject to income tax and national insurance
under PAYE.
cost of living index Old term for what is now the retail prices index.
cost of sales Direct cost of providing goods or services which are sold by a business.
cost of the new assets Term that has a specific meaning defined in Taxation of Chargeable
Gains Act 1992 s162(4) in relation to roll-over relief on the transfer of
a business.
cost per action (CPA) Method of paying for advertising on the Internet.
Advertisers pay only when an ad display leads to a completed sale,
registration, download, etc. Almost all affiliate network advertising can
be thought of as CPA.
cost per click (CPC) A performance-based pricing model for advertising sales.
CPC pays publishers based on number of clicks on a specific
advertisement, that is the number of times someone accesses the
advertisement.
cost-plus Method of pricing which simply adds a profit margin to whatever the
seller paid to buy or produce the goods.
cost-plus contract Contract in which the price paid is determined as the cost to the supplier
plus a margin.
Such contracts are common in the public sector. In the private
sector, such contracts are usually avoided as they provide insufficient
incentive for the supplier to control costs.
cost price Price which is the same as that paid by the seller, so the seller earns no
gross profit.
costs judge Court officer who settles disputes about legal costs. The office was
previously known as a taxing master.
cote officielle Official price of a security on the Paris Bourse. The term sometimes
means the Bourse itself.
cotset Lowly form of feudal bondsman. The term is found in Domesday Book.
cottage orné French: adorned cottage. Cottage to which embellishments are added to
indicate that its owner is prosperous.
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Coumarin A colouring agent used to identify road fuel on which hydrocarbon oil
duty has not been paid.
council house Property owned, and often built, by a local authority and offered to
people who cannot afford market housing. The rent is controlled by
the council. Housing benefit exists to meet the cost for those who
cannot afford this rent.
In 1980, council house tenants were given the right to buy their
homes at a significant discount, depending on how long they lived
there. The discount was up to 60% on houses and 70% on flats. In the
same decade, many councils transferred their houses to housing
associations.
council of reference Body of people to whom the management of an organisation may refer
matters for advice. Typically such a council is established by a charity
or other voluntary body. Its members are people of eminence whose
inclusion is intended to reassure others with whom the organisation
deals about the integrity of the organisation. It is rare for anything to be
referred to the council. Also called a committee of reference.
council tax Local authority tax introduced on 1 April 1993 to replace the unpopular
community charge. The law is Local Government Finance Act 1992.
Its base is an equal mix of property and people.
Properties categorised into eight price bands indicated by the letters
A to H. If the house has been adapted for the disabled, it is
automatically reduced by one band.
The full rate for the band is payable if the household has two or
more adults. If it has only one adult, only 75% of the rate is payable.
Local authorities have a discretion on how much rebate to provide
for empty properties and second homes.
The council tax is not payable until the local authority has sent the
household a bill. The household may pay in a single payment, two
equal payments, or 10 equal monthly payments from April to February.
If an instalment is not paid within seven days, the right to pay by
instalments is lost, and the whole sum becomes payable.
If an employer pays an employee’s personal council tax bill, this
creates a taxable benefit in kind on the pecuniary liability principle.
This is explained in the inspectors’ manual at EIM00585.
There is a special social security benefit, known as council tax
benefit, to assist the poorest people. Those who do not pay the tax can
have it deducted from their pay under a council tax attachment of
earnings order (CTAEO).
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council tax base An assessment by each billing authority of the number of converted to
Band D equivalents (the average band), after properties, allowing for
non-collection and new properties, on which a tax can be charged.
council tax benefit (CTB) Means-tested social security benefit introduced with council tax. To
claim the benefit, the claimant must have a sufficiently low income,
capital of less than £16,000 and be resident in a premises for which he
or she is liable to pay council tax.
The benefit may be supplemented by a second adult rebate if a
second adult lives with the claimant.
The allowance is paid under Social Security Contributions and
Benefits Act 1992 s131.
Welfare Reform Act 2009 proposes to rename this benefit council
tax rebate.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
council tax rebate Name by which council tax benefit will be known under Welfare
Reform Act 2009.
counsel’s opinion Written advice from a barrister, usually a senior specialist barrister.
Such advice is often sought before commencing larger tax appeals or in
promoting a tax avoidance scheme.
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counterclaim Claim which is made by one party in response to a claim from the other
party.
For example, A sues B for an unpaid bill. B may make a
counterclaim for A for loss suffered by poor goods from A.
counterfeit coins Coins made other than by proper authority with a view to being passed
as currency. It is a criminal offence.
countermand Order which cancels a previous order, such as asking a bank not to pay
a cheque which you have issued.
counterpart Equivalent person, such as the person doing the same job as yourself in
another company.
counterparty risk Risk to a business that a counterparty will fail to perform his duties.
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countersignature Second person who signs a form or letter. The term is particularly used
on passport application forms and similar, when the countersignatory
confirms that he has known the person personally for at least two years.
countervailing charge Charge which may be imposed by the European Commission either on
certain goods from specified European Union (Member States during
some months of the year or as part of a minimum import price system.
countervailing duty Customs duty imposed on imported goods to negate the effect of a
subsidy from the government of the exporter.
country prefix code Two-letter code that identifies the member state that issued a VAT
invoice. This code must be shown on a UK invoice when goods are
supplied to a customer who is registered in another member state. The
code for the UK is GB (even for Northern Ireland). This code is
sometimes called the country identifier.
county court Court which hears most civil disputes, such as unpaid bills.
county court bailiff Person responsible for enforcing orders from the county court.
coup Blow or stroke, particularly a clever move. The term has a range of
meanings from the forced replacement of a government to a
surprisingly successful achievement at work.
coup de foudre French: sudden happening. The term can mean love at first sight.
coup de grâce French: blow of grace. A final blow to end the existence of a person,
animal or business, and thus end its suffering.
couple relationship Term used by HMRC in Agent Update of 24 February 2010 to describe
a relationship where two people live together, whether married or not.
Such a relationship can trigger changes to entitlement to tax credits.
Non-marital relationships are sometimes referred to as living together
as husband and wife or LTAHAW.
coupon (1) Any document which is provided for the recipient to use to obtain a
financial benefit.
(2) A slip of paper attached to a bond or other document which is
submitted by the holder to obtain a dividend or similar payment. From
this meaning, the word is sometimes used to mean the rate of interest
payable on a loan.
coupon security Government security which has a coupon and pays interest, as against a
security which pays no interest but is sold at a discount to its face value.
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coupon stripping Financial process in which the coupon is removed from a bearer bond
and sold as a separate financial instrument. The bond then becomes a
zero-coupon bond.
court card In gambling, a jack, queen or king in a pack of playing cards. The word
is a corruption of “coat card” as the pictures show them so dressed.
court cases Under English law, Scots law, American law and many other legal
systems, a court case establishes a precedent. This must generally be
followed in any subsequent decision where the facts are the same. A
precedent can be overturned by a higher court, or can be reversed by
legislation.
court circular Daily press statement saying what royal members are doing.
court-dress Special clothes which are required when appearing at the court of a
monarch or price. Sometimes the term is used for special clothing worn
by those who appear in a court of law.
Court Martial Court for hearing offences committed by military personnel. It may sit
anywhere in the UK or outside (Armed Forces Act 2006 s154).
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court of law Court which hears legal matters, as against any other meaning of the
word court.
Court of Protection Court which deals with the affairs of those who lack mental capacity.
It is constituted under Mental Capacity Act 2005 s45.
Court of Protection Court where issues are decided relating to people who have a mental
incapacity.
Court of Session Supreme court of Scotland, established in 1532. It is the highest civil
tribunal in Scotland.
The Court comprises 26 judges. Four of these, including the Lord
President, sit in the first division. Four others sit in the second division.
These two divisions comprise the Inner House. The other judges
comprise the Outer House.
courts board Board to oversee courts for a defined area of England or Wales (Courts
Act 2003 s4). Their duty is to scrutinise, review and make
recommendations regarding how the Lord Chancellor discharges his
functions in relation to the courts in the area.
court security officer Person so appointed by the Lord Chancellor under Courts Act 2003 s51.
covered bear Person acting like a bear but who holds the stock he is selling.
covered call writing Selling a call option on assets that you own.
covering letter Letter sent with a document to explain or comment on those documents.
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cover pricing The practice of submitting a high price in a tender document for work
the tenderer does not want to do. Submitting a high price rather than
refusing to tender means that the tenderer will stay on the customer’s
tender list. This practice is particularly common for building contracts
and for tenders in the public sector.
In itself, cover pricing is not illegal. It can become illegal when
there is any collusion with other tenderers, as in bid-rigging. Public
sector customers may be willing to tolerate cover pricing as it means
that they have received more than one tender which makes it easier for
them to justify accepting the lowest bidder.
cover shorts Buy in stock to sell what a person has already committed to sell.
cover version Recording of a song which has already been recorded by a different
artist.
cowrie shell Seashell that has been used as a currency in Africa and Asia. It is the
shell of a mollusc from the Cypraea genus.
CPA (1) Cost per action or cost per acquisition. (They mean the same.)
(2) Certified public accountant, a US term.
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Cr App R(ep) Criminal Appeal Reports. Series of law reports first published in 1908.
crawling peg Method of providing limited stability in exchange rates. The principle is
to allow frequent small adjustments of a fixed rate, rather than a fixed
rate with occasional large adjustments, or a currency floating freely.
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creatine Naturally occurring organic substance. For VAT, products made from
creatine are generally standard-rated and not zero-rated as food. Further
details are set out in VAT notice 701/14.
credit Bookkeeping entry which indicates that an asset has decreased, such as
when money is taken out of an account.
In the nominal ledger (or trial balance), a credit balance represents
a liability, income, reduction of asset value or a profit.
credit account Account with a business, usually a shop, which allows the customer to
pay for goods later, such as at the end of the month.
credit card Payment card allowing you to spend up to a credit limit and to make
payments in instalments if you wish.
credit column Column in a journal or similar book which records the credit entries of
financial transactions. Traditionally this is to the right of the debit
column.
credit control Functions in a business which are designed to ensure that a company’s
invoices are paid.
In general, credit control has two parts. The first part is vetting new
customers and monitoring existing customers to ensure that they are
creditworthy.
The second part is chasing up debts by letters and telephone calls.
The received wisdom is that telephone calls are particularly effective if
you follow the three Ps of being persistent, polite and patient.
credit crunch Period when it is difficult to borrow money, usually triggered by fears
about the national or world economy.
The term was used to describe the problems in the financial markets
which arose in the late months of 2007 and continued into 2008.
The problems were caused by defaults on sub-prime lending in the
USA, particularly on mortgages. This resulted in liquidity problems as
bank became reluctant to lend funds to each other. This was a particular
problem for British bank Northern Rock which was nationalised in
2008.
The term was used in Auditing Practices Board Bulletin 2008/1
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credit default option Option in which the payoff is related to the credit rating of the
underlying security.
credit derivative Any financial derivative where the return is related to the credit rating
of the underlying security.
credit enhancement Techniques for improving the credit-rating of a person, business or for a
security, particularly an asset-backed security.
credit excluded Description of people who cannot borrow money through the normal
channels.
credit facilities Arrangement which a bank makes with a customer allowing him to
borrow money, or which a shop makes with a customer allowing him to
take goods for payment later.
credit guarantee Any form of third party guarantee or insurance for a liability incurred or
incurrable by another party.
credit ladder Informal description of ranks of credit facilities with main financial
institutions at the top and loan sharks at the bottom. Typically a
borrower climbs down the ladder as the interest rates get higher.
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credit note A document that a supplier issues to a customer to cancel or reduce the
value of an invoice previously issued.
Common reasons for issuing a credit note include:
● when goods have been accepted back;
● to correct a mistake on the invoice;
● to cancel an incorrect invoice so that a correct invoice may
be issued;
● to provide a retrospective discount or similar price reduction;
● to cancel a charge, such as for delivery;
● to remove a disputed item from an invoice to allow the rest
of the invoice to be paid. (An invoice is issued for the same amount as
the credit note.)
Provided the credit note is issued for a bona fide reason, any VAT
may be added to the amount, which is then deducted from the output
tax payable for that period.
creditor days Number of days it takes a business to pay its creditors. This is
calculated as creditors (from balance sheet) divided by purchases,
multiplied by 365 or 366.
creditors’ meeting When creditors meet to decide whether to agree to the terms of an IVA
or bankruptcy.
credit purchase A business entity takes delivery of goods or services and is allowed to
make payment at a later date.
credit rating Indication of how reliable a person is considered to be for the purpose
of lending money.
credit reference Record of a person’s credit record, noting loans and cards used.
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credit risk The extent to which it is considered that a person may not pay his bills
or repay a loan.
credit risk insurance Insurance to protect a company against credit risks, such as non-
payment by customers.
credit risk premium Excess of yield earned by a risky investment over that earned by an
investment seen as risk-free.
credit sale The sale of goods, which immediately become the property of the
customer, but where the price is payable by instalments.
credit sale agreement Another name for a hire purchase agreement, or similar.
credit scoring Reducing a person’s credit record to a number (usually out of 1000)
from which a lender decides whether to lend and at what rate.
credit side The side of a journal or other book which records the credit entries.
Traditionally this is on the right of the debit entries.
credit squeeze Period when funds for borrowing are restricted, particularly when
imposed by the government.
credit-token “Credit card, debit card or other card, a token, a document or other
object given to a person by another person (“X”) who undertakes:
(a) on the production of it, to supply money, goods or services on
credit, or
(b) if a third party (“Y”) supplies money, goods or services on its
production, to pay Y for what is supplied.” (Income Tax (Earnings and
Pensions) Act 2003 s92(1)). The remainder of s92 qualifies this
definition.
credit transfer Electronic system of payment which allows funds to be transferred via a
bank or post office.
credit transaction In company law, this includes hire purchase, mortgages, conditional
sale agreements and similar.
If a company enters into a credit transaction with one of its
directors, this may require members’ approval under Companies Act
2006 s201.
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credit union Mutual body which provides opportunities for a defined group of
people to lend and borrow between themselves.
crescendo Musical term for getting louder. It is often used figuratively to refer to
any situation where something is increasing. Note that nothing “reaches
a crescendo”; the reaching is the crescendo.
CREST Electronic share dealing system established in 1996, after the failure of
the TAURUS system.
Under CREST, shareholdings are held electronically without the
need to produce a share certificate.
crew “In relation to a ship or aircraft means all persons actually employed in
the working or service of the ship or aircraft, including the captain”
(Immigration Act 1971 s33).
cricket club The issue of whether it is a mutual trade is discussed in the Inspectors’
Manual at BIM24345.
crimen falsi The old common law of forgery, now replaced by statute.
criminal damage Crime committed when a person “without lawful excuse destroys or
damages any property belonging to another intending to destroy or
damage such property or being reckless as to whether any such property
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criminalise Make into a criminal offence. Recent examples include fox-hunting and
smoking at work.
criminal law Law relating to public offences rather than between people.
criminal lifestyle Lifestyle which appears to be funded from the proceeds of crime.
An order may made to confiscate property belonging to a person
enjoying such a lifestyle under Proceeds of Crime Act 2002 s10. A
more detailed definition appears in s75.
crime-related payments Term used in Corporation Tax Act 2009 s1304 for criminal payments.
Cripps, Sir Stafford English Labour politician (1889-1952) who was Chancellor of the
Exchequer from 13 November 1947 to 19 October 1950. He raised
taxes and tried to reduce imports to deal with the severe post-war
economic crisis. He supported nationalisation of heavy industry.
crisis loan Immediate interest-free loan from the Social Fund to meet a pressing
short-term need.
crisis management Management during a period of crisis. This can apply to a government,
business or a person.
Crisis management requires a sure touch, determination and
intuitive skills.
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crisis of confidence Mental anguish when a person doubts his ability to do a required task,
particularly when this occurs just before doing it and when the person
previously was confident of doing it.
critical event The point in the business cycle at which revenue may be recognised.
critical illness policy Insurance policy to provide a lump sum payment should the insured be
diagnosed as having one of a number of specified illnesses, conditions
or diseases. Also known as dread illness policies.
critical path analysis Management accounting method which is used to determine which
activities of an organisation are essential to its success.
critical period In psychology, a period in which a specific event must happen for a
person to develop normally.
crock (1) Large pot. In mythology there is a crock of gold at the end of a
rainbow.
(2) Anything or any person which is old and in a poor state. The term
was originally restricted to horses.
croft Small piece of arable land, particularly which adjoins a dwelling and
which is farmed by the dweller.
There are some special provisions that relax stamp duty for croft
transactions.
Crofters Commission Body established to regulate and develop crofting in rural communities
in the Highlands and Islands of Scotland. It is regulated by the Crofters
(Scotland) Act 1993 amended in 2007.
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cross action In law, when a defendant brings an action against the claimant.
cross and pile Either the front and back of coins, or the game of pitch and toss. The
expression comes from old French coins which bore either a cross or
pillar (pile).
crossbencher Person who sits in Parliament, particularly the House of Lords, but is
not a member of a political party.
cross-bill Old term for a legal action in Chancery where the defendant brings an
action against the claimant. [A crossbill is also a type of finch.]
cross-border listing Practice of listing shares in a company on the stock exchanges of more
than one country.
cross-category activity Term used in Gambling Act 2005 s16 to describe an activity which has
elements both of betting and gaming.
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cross-division Classifying people into categories which are not mutually exclusive, so
that a person may appear in more than one, or possibly in none.
crossed cheque Cheque which bears the marks of either of general crossing or special
crossing. This means that the cheque may only be paid into a bank
account, and cannot be exchanged for cash as an open cheque can.
cross-holding Situation in which two companies each hold shares in the other. This is
sometimes done to cement a working relationship, but the commonest
reason is usually to frustrate a takeover bid.
cross holding Where two companies each hold shares in the other. This is sometimes
done to frustrate a takeover bid.
cross out Draw a horizontal line through as a means of indicating that the item is
deleted.
This is not good practice in manuscript accounts. Instead, the
incorrect entry should be negated by a reverse entry, and then the
correct entry made, with sufficient narrative to explain what has
happened.
cross-over (1) In charting, a term for the point when a line denoting share prices
crosses another line. A common example is when the short-term price
crosses below a price for the moving average of the same share. This
may be an indicator to buy the share.
(2) In marketing, where goods of one type take on the nature of another,
offering additional marketing opportunities. The term is commonly
applied to classical music rendered in a form likely to appeal to lovers
of other types.
cross rate Exchange rate for two currencies expressed in terms of a third currency.
cross-reference Reference in a text to another place where further details may be found.
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crossroads Literally a junction of four roads. The term is used figuratively to mean
any circumstance where a decision must be made on further direction.
Cross’s Act Law passed in 1875, named after a government minister. It gave local
authorities power to clear whole areas of slum houses. The biggest such
scheme started in Birmingham in 1876.
cross-section (1) Diagram which shows the internal structure of a physical object as if
it had been cut in the middle.
(2) Figuratively, a selection of people who are believed to be
collectively representative of the population.
crowding out Any financial effect caused by excessive activity in another financial
area. An example is when high levels of government borrowing depress
the returns available from competing investments.
crown (1) The monarch, state or government (where the word is used with a
capital C).
(2) Coin first issued 1544. Those issued before 1990 are legal tender for
five shillings (25p); those issued from 1990 are legal tender for £5.
Crown Court Criminal court established by Courts Act 1971 s4 as a replacement for
Assizes.
The term “means—
(a) in relation to England and Wales, the Crown Court
constituted by section 4 of the Crown Courts Act 1971;
(b) in relation to Northern Ireland, the Crown Court constituted
by section 4 of the Judicature (Northern Ireland) Act 1978.”
(Interpretation Act 1978 Sch 1).
Crown employment Working for the government. Generally such workers have the same
rights as other workers though some of these are contained in separate
legal provisions. The trade union rights are contained in Trade Union
and Labour Relations (Consolidation) Act 1992 s273.
For tax, this is “Employment under the Crown:
(a) which is of a public nature, and
(b) the earnings from which are payable out of the public
revenue of the United Kingdom or of Northern Ireland” (Income Tax
(Earnings and Pensions) Act 2003 s28(2)).
Provisions for national insurance are contained in Social Security
Contributions and Benefits Act 1992 s115.
crown jewels The most valuable asset of a business. The term is often used in the
context of what a bidder is seeking in a takeover bid.
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Crown Office Office for the Queens Bench Division of the High Court.
Crown option Provision contained in Taxes Management Act 1970 s9D, now
repealed. This allowed a choice between different cases of Schedule D
for particular types of income.
For a discussion about the successor provisions, see Barnetts v
HMRC. TC00575 [2010]. It is discussed in the Inspectors’ manuals at
BIM14035.
Crown Proceedings Legal action against the government which became permissible under
Crown Proceedings Act 1947 that became law on 31 July 1947.
Crown set-off In an insolvency, when debts owed to the government (such as all
taxes) may be offset against any sums owed by the government to the
same person or company. HMRC has confirmed that there is no Crown
set-off in a Time to Pay arrangement.
cruciform shields Design on the reverse of florins for the reign of George V from 1910 to
1935. It depends four shields arranged as a cross.
crude oil Petroleum oil as it comes out of the ground before being processed. It is
a mixture of organic compounds of which the hydrocarbons provide
most forms of oil for fuel.
The oil industry usually classifies crude oil according to where it is
extracted, eg Brent, Oman, West Texas. It is further classified as light
crude oil or heavy crude oil. The first is more valuable as it contains
more hydrocarbons that can be used as fuel.
crude petroleum Raw petroleum oil which has not yet been processed. Another name for
crude oil.
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crystallised rights Rights and benefits under a pension scheme, such as payment of a
pension, annuity or similar income. These provisions are discussed in
the Inspectors’ Manual at RPSM03301005.
CSA reference number Number once used by the Child Support Agency to identify non-
resident parents who are liable to pay parents with care.
From 3 March 2003, the CSA uses the national insurance
number.
CTA Corporation Tax Act. There are two, in 2009 and 2010. They contain
the corporation tax provisions previously in Income and Corporation
Taxes Act 1988 and subsequent Finance Acts.
culminate Means to reach a high point. Its meaning is more precise than simply
stating a result or consequence.
culpable officers For national insurance, directors and other company officers who are
responsible for a failure to pay contributions required by the company
(Social Security Administration Act 1992 s121C(1)). The officer can be
made personally liable to pay the contribution.
cum all With all advantages attached to a share. This term is not often used
now. The opposite is ex all.
cum capitalisation With all rights of capitalisation being offered to a new purchaser of the
share.
cum coupon Description of a security where the coupon for the current period is still
attached (literally or figuratively) so that the dividend may be obtained
for the current period.
cum div With dividend. The term is used to denote a share where the next
dividend will be paid to a purchaser. A share remains cum div until the
registrar closes the register for the dividend run. The share then goes ex
div. If a share is bought ex div, the dividend is paid to the previous
owner. This is reflected in the price paid. Cum div is sometimes further
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abbreviated to cd.
cum hoc, propter hoc Latin expression which means that one event is not necessarily the
outcome of the other just because they happen at the same time.
cum new Description of share offered for sale with the right to acquire further
shares in a rights issue or bonus issue.
cum rights When a share is offered for sale with all the rights attached to the share.
cumulation period For inheritance tax, period during which lifetime gifts are cumulated for
the purposes of seeing if the nil rate band has been exceeded. The
period has been seven years for transfers from 17 March 1986,
previously from 1981 it was ten years, before which (under capital
transfer tax) it was indefinite.
cumulative principle Principle that potentially exempt transfers are aggregated chronically
and cumulatively for inheritance tax during the cumulation period.
cumulative threshold A threshold which increases as time passes. A cumulative threshold was
used before 27 March 1980 to determine whether a business needed to
register for VAT.
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Cunliffe Committee Body that reported in 1918 on the necessary policies to ensure
economic stability after the first world war. It was chaired by Lord
Cunliffe who was then governor of the Bank of England.
cur adv vult Abbreviation of curia advisari vult, the court wishes to be advised.
currency backing Gold or government securities which maintain the strength of a national
currency.
currency band Exchange rates expressed as upper and lower limits relative to other
currencies. The term was used during the life of the exchange rate
mechanism of the European Union.
currency basket Group of currencies, which are weighted and then used to determine the
value of a new invented currency. The green pound, special drawing
rights and ECU are examples of currency baskets.
currency clause Clause in a contract which seeks to avoid problems relating to exchange
rates, by stating the rate at which payment will be made, or by stating
the method by which such rate is determined.
currency contract Contract made with a view to hedging a risk from foreign exchange.
There are broadly three types of such contract:
• forward currency contracts
• currency options
• currency swaps.
The tax implications are discussed in the Inspectors’ Manual at
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Leach’s tax dictionary as at 15 June 2011, page 414
BIM39523.
currency hedging Any financial arrangement designed to mitigate the effects of changes
in exchange rates.
currency mismatching Activity of borrowing money in a country where interest rates are low
and depositing it in a country where rates are higher.
currency note Bank note or other document which is used as currency. The term is
particularly used for notes issued by the Treasury between 1914 and
1928.
currency option Contract to buy or sell a specified currency at a fixed exchange rate
within a certain period.
The tax implications are discussed in the Inspectors’ Manual at
BIM39523.
currency restrictions When an overseas debt is not paid because of restrictions or a shortage
of currency.
This does not make the debt a bad debt. To the extent that the debt
has not been insured by ECGD, tax relief may only be obtained under
extra-statutory concession B38.
The matter is discussed in the Inspectors’ Manual at BIM 42750.
currency school Body of economic opinion following banking crises from 1825 to 1837
on the best method of controlling the issue of bank notes.
The banking school believed that the issue of notes should be
flexible to meet circumstances while the currency school believed that
notes should be restricted and fully backed by gold. Bank Charter Act
1844 came down in favour of the currency school.
currency swap (1) Agreement to use a certain currency in exchange for another
currency under a contract.
The tax implications are discussed in the Inspectors’ Manual at
BIM39523.
(2) Buying or selling a fixed amount of currency on the spot market,
and selling or buying the same amount on the forward market.
current (1) In accounting, this term means other than capital. So a current
account is one where the funds are readily available, unlike a capital
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current account Bank account for day-to-day expenditure, usually where a cheque book
is provided
current asset In financial accounting, cash, debtors and any other asset which is
expected to be consumed within the next 12 months.
current assets ratio Accounting ratio of current assets divided by current liabilities.
In general, a ratio of 2 is considered adequate, but this must always
be considered against the nature of a business. A building firm probably
requires a higher ratio, whereas a supermarket can manage on a lower
one.
current claim Amount of group relief being claimed in respect of a current period
(Corporation Tax Act 2010 s138).
current liability Liability which must be met within the next 12 months. It appears on
the balance sheet, where it is the antithesis to current assets.
A liability which does not have be met within the next 12 months is
called a long-term liability.
current liquidity ratio Current liabilities minus current assets divided by net profit (or
sometimes cashflow) and multiplied by 365 days.
current profit Halfway house between gross profit and net profit. It comprises gross
profit minus the production, administration and sales costs but without
subtracting other overheads. This figure is widely used for Japanese
companies.
current rate of exchange Rate of exchange for a currency which applies now.
current ratio Accounting ratio, calculated as the current assets divided by current
liabilities. It is now more commonly called the liquidity ratio, or
sometimes working capital ratio.
current service cost The increase in the value of a pension scheme’s future liabilities arising
from an employee’s on-going membership of the pension scheme.
current spending The yearly running costs of local authorities, not including specific
grants and the cost of buying assets.
current use value The current value of development land. This was used in one of the
three ways to calculate base value for development land tax.
current value A method of valuing assets and liabilities which takes account of
changing prices, as an alternative to historical cost (FRS 15)/
current year basis (CYB) Method of determining the trading period for which a business is taxed
in any particular year. CYB was introduced in 1994, prior to which the
previous year basis was used. There were transitional provisions when
the basis was changed.
Under CYB, a person is subject to income tax on the profits of the
trading year which ends in the tax year. So if a business makes up its
accounts to 30 June, the profits subject to tax in (say) 2010/11 are the
profits earned in the year to 30 June 2010.
For all but the smallest businesses, income tax is paid in three
instalments:
● half the estimated income by 31 January in the tax year;
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current yield The annual return an investor would receive from investing in a specific
security paying a known dividend. It is calculated as:
current yield = annual dividend rate x nominal value
price
It is a flat yield as opposed to the running yield.
cursor A point on the computer screen identifying an icon on the screen or the
point in a text or other file from which newly entered data will appear.
A cursor is usually marked with a flashing line or block. Text typed
into the computer will usually appear at the cursor.
curtailment costs Amounts paid to a new pension scheme when a defined group of staff
transfer from one pension scheme to another. The costs represent the
value of the pension rights accrued by the transferring staff. .
curtate annuity Annuity where payment is only made at the end of each year a person
survives.
curve Line on a graph which arcs. The shape of the curve can help identify the
nature of the relationship between the two factors being plotted.
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cushion gas Volume of gas retained in a storage facility to maintain pressure. Under
Finance Act 2010 s28, cushion gas is treated as plant.
custodian Person who looks after something or someone. In finance, the term
often means a trustee who looks after assets but who may not have
other trustee responsibilities.
custom (1) Habit which has become so established that it takes on the force of
law. In extreme cases a custom can become a law.
Custom may be quoted as extrinsic evidence in defining the terms
of a contract. In the case Hutton v Warren [1836], a court accepted the
custom that a tenant farmer may claim a fair allowance for seeds and
labour when given notice to quit.
(2) Practice of using a particular shop for purchases.
customary payment Payment that a person is not legally required to make, but usually does
so. The term is particularly used in the inspectors’ manual at EIM00640
in relation to payments made in employment. A customary payment is
taxed on the same basis as a contractual payment.
customer Person who buys goods or services from someone in the course of their
trade. HMRC has started to refer to taxpayers as customers, even
though they have no choice to take their “custom” elsewhere.
customer lottery Lottery where a free ticket is given to retail customers, one of whom
periodically wins a prize (Gambling Act 2005 Sch 11 para 20). Such a
lottery is exempt from most provisions of the Act.
customize menu In computing, an option which allows the user to define some basic
functions of the computer.
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Customs and Excise Body which collected indirect taxes and performed other duties until
merged into HMRC.
customs and excise acts “means the Customs and Excise Acts 1979 and any other enactment for
the time being in force relating to customs or excise” (Customs and
Excise Management Act 1979 s1(1)).
customs barrier Customs duty which is imposed with the intention of making trade
between two countries difficult.
customs broker Person who takes goods through Customs for a shipping company.
customs declaration Statement saying what goods have been imported and what duty is
payable on them.
customs duties Tax charged on imports (and, at least in theory, on exports). It was
originally imposed in 1055 and is still imposed, making it Britain’s
oldest tax.
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customs duties Tax charged on goods imported to the UK from outside the European
Union. In theory, these duties can also be imposed on exports. No
duties are imposed on imported services except to the extent that the
price for those services is included in the price of tangible goods.
The administration of customs duties also acts as a check on
preventing prohibited goods entering the country.
The duty is charged at the point of importation, usually a port or
airport. There are relaxations for free zones and customs warehouses.
Calculation of the duties involves classifying the goods and
identifying the country of export from volumes of tables. This is known
as the Customs Tariff.
Customs Duty A tax charged on goods imported into the European Union (EU). It is
based on the value of the imported goods (see - Ad Valorem duty) and
the description of the goods. Remember that imported goods may be
liable to other charges, such as Anti-Dumping Duty (ADD) or Common
Agricultural Policy (CAP) charges. They may also be liable to Excise
Duty and VAT.
Customs entry point Place at a border between two countries where goods are checked.
Customs formalities General term for all Customs procedures when exporting or importing
goods.
Customs Hotline Number that can be called to inform Customs of suspected smuggling
or tax fraud. The number is 0800 595 000. It is open for 24 hours a day
on every day. Information may also be passed on the website
www.hmrc.gov.uk/customs-hotline, or by writing to Customs Hotline,
Freepost SEA 939, PO Box 100, Gravesend, Kent DA12 2BR, or by
faxing to 0800 528 0506, or e-mailing to
customs.hotline@hmrc.gsi.gov.uk.
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Customs News Publication briefly produced by Customs and Excise in 1995. It was
replaced by Business News which has itself been replaced by other
publications.
Customs officer Employee of the relevant department of HMRC, particularly one who
has investigative powers.
Customs procedure One of the outcomes for imported goods presented to Customs. By far,
the most common procedure is release for free circulation (RFC)
which means that the duties have been paid and the imported goods
may be used in the UK as the importer wishes.
The full list of Customs procedures are:
● release for free circulation;
● transit (to another destination);
● Customs warehousing;
● inward processing;
● outward processing;
● processing under Customs control;
● temporary importation; or
● exportation.
Such a procedure follows a decision by Customs regarding their
treatment or use. Alternative treatments are entry into a free zone or
warehouse, re-export, destruction or abandonment to the Exchequer.
Customs Release The approval given by Customs that authorises a transit shed operator
to deliver goods from the transit shed subject to such conditions the
Commissioners may impose.
Custome restricted until Endorsement that appears on the registration document of certain
vehicles that have been imported under schemes that do not require
their immediate registration on import. The endorsement gives the date
which is the earlier of when any VAT and duty has been paid and one
year after importation. An unendorsed document can then be issued.
Customs Tariff Set of volumes used to calculate customs duties on goods imported
into the UK from outside the European Union.
The calculation considers the nature of goods, the country of origin
and their value.
Customs Union Group of countries which agree not to charge customs duties or other
import taxes on each other’s products.
Various such unions have been formed. The most important is the
European Union. In 1992, it was agreed that member states would
abolish all remaining duties for other member states. This also includes
imports to and from Iceland, Liechtenstein and Norway. Under the
Ankara agreement (1995), customs duties are also not imposed on
imports from Turkey.
Customs Union The Customs Territories of the European Union (EU), Turkey, San
Marino and Andorra. The unions between the European Union and
these countries enable most goods in free circulation to move freely
between them without the need to claim import duty relief; subject to
the production of any necessary preference or Community Transit (CT)
documentation. VAT is still due on imports from Turkey; San Marino
and Andorra, however, unless the goods are eligible for relief.
Customs warehouse A place approved by HM Customs and Excise for the storage of goods
without payment of import duty. Import VAT is also suspended during
storage of warehoused goods. There are several different types of
Customs warehouse. While most approvals are for specific locations, in
some cases approval can be given to a company and its commercial
accounting and stock control systems. In these cases the approval is not
linked to a specific location.
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Customs warehouse Store approved by Customs and under its control. One of the Customs
procedures which may be applied to imported goods is Customs
warehouse. This is where goods are placed in a Customs warehouse.
There are two types of Customs warehouses: private and public. A
private warehouse may only be used for goods belonging to the
warehouse keeper, whereas a public warehouse may be used by anyone.
Customs warehousing One of the Customs procedures which may be applied when goods are
presented to Customs on importation.
A Customs warehouse is any store approved by Customs and
under their control. Goods remain in the warehouse until assigned
another Customs procedure.
cut and shut Vehicle created from welding together two pieces of written off
vehicles. This is not illegal, though such vehicles often have their nature
concealed and can be dangerous if the work is not done properly. Such
a vehicle is usually allocated a number plate starting Q (if DVLA know
about it).
cut-off Date or other point when something must cease. For a date, the term
“cut-off point” is sometimes used.
Cutter’s law Not to see a person in want while you have money to spend.
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cycles The term is used to mean bicycles in Income Tax (Earnings and
Pensions) Act 2003 s244.
cyclical deficit One of the two elements of the Budget deficit. The other is the
structural deficit.
HM Treasury glossary says that cyclical deficit “occurs as a result
of a downturn in economic activity when tax receipts fall and spending
on social security increases. It can be subsequently eliminated by a
period of economic growth”.
cylinder For VAT, the supply of a gas cylinder is standard-rated and does not
come within the scope of the reduced rate for domestic fuel.
When a cylinder is refilled with reduced-rate gas, the supply may
come within the scope of reduced rating. Further details are given in
VAT notice 701/19.
Cyprus EU member state, for which purpose the territory includes the British
sovereign base areas of Akrotiri and Dhekelia. It excludes the United
Nations buffer zone, and parts of Cyprus to the north of the buffer zone
where the Republic does not exercise effective control.
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D
D (1) Special type of tax code used for PAYE. There are two tax codes of
D0 and D1 (letter and number). D0 indicates that all the employee’s
earnings are subject to 40%; D1 indicates that they are all subject to
50%. These codes are commonly used for second jobs of high earners.
(2) Roman numeral for 500.
(3) Dunlop, Scottish law reports from 1838 to 1862.
(4) National insurance contribution letter for an employee contracted
out in a COSRS pension scheme.
(5) For council tax, the average value of property, thus:
• in England, between £68,001 and £88,000 in 1993;
• in Wales, between £73,001 and £100,000 from 1 April 2005, and
between £51,001 and £66,000 before;
• in Scotland, between £45,001 and £58,000 in 1993.
dagger money Sum once paid to certain judges to buy weapons for their protection.
daily average agreement Agreement between an employer and a worker engaged in unmeasured
work to ensure compliance with national minimum wage (NMW)
regulations.
The agreement must be made before the work states. It is an
estimate of how many hours the worker reasonably expects to work
each day. The worker must be paid the NMW for those hours.
daily cover Material used to cover a waste disposal site at the end of each day to
prevent nuisance from odour and wildlife. Material so used is not
subject to landfill tax.
daily gross takings Amount of daily income received by an organisation before any
expenses have been paid. This is a figure which may be calculated by
HMRC for the purposes of issuing a tax assessment, particularly when
it believes that VAT has been understated.
daily high Highest price reached by a share or security during a particular day.
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daily low Lowest price reached by a share or security during a particular day.
Daily Official List (DOL) The daily record of all trades in shares and other securities on the
London Stock Exchange.
daily trading limit Limit that may be imposed on a trader’s transactions for one day.
Dairy Farmers of Britain A UK milk co-operative owned by dairy farmers that was responsible
for about 10% of all milk production in the UK. The co-operative
bought milk directly from farmers which it either sold or converted in
its factories to other dairy products. It went into receivership on 3 June
2009. HMRC provided particular guidance on the taxation of milk
retentions and on other aspects of the insolvency.
dais Part of a building which is raised to make it easier for a person speaking
there to be seen and heard. Care should be used not to use this term for
lectern, podium or rostrum.
daisywheel In older computer printers, a metal wheel where each spoke ends with a
different character. The printer hits the end of the relevant spoke against
a ribbon to print the character.
Dalton, Hugh Welsh Labour politician (1887-1962) who was Chancellor of the
Exchequer from 27 July 1945 to 13 November 1947. He nationalised
the Bank of England.
He was obliged to resign after an off-the-cuff remark about his
Budget was printed in an evening paper before he had finished his
speech. He was later exonerated.
damages Money paid in compensation from a legal claim, such as for breach of
contract.
The tax treatment of such payment by a business is discussed in the
Inspectors’ Manual at BIM 42951.
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Darling, Alistair Scottish Labour politician (1953- ) who was Chancellor of the
Exchequer from 28 June 2007 to 11 May 2010 in the government of
Gordon Brown. Darling had to deal with a serious banking and
economic crisis from 2007. He introduced the car scrappage scheme,
and the 50% additional income tax band.
dash for growth Term used for the 1963 Budget of Reginald Maudling that sought to
stimulate the economy with tax cuts and led to currency instability
between 1964 and 1967.
data Plural of datum, a piece of information. So “the data are sent to the tax
office”.
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data cartridge Cassette designed to store data for use on certain types of computer
equipment. From 6 April 2009, HMRC will not accept tax data on these
media.
data highway Link which connects computers so they may all share the same data.
data revenue Income which is generated by a cable company from carrying data
rather than voice traffic.
date of acquisition “The date on which control of the acquired entity passes to the acquirer.
This is the date from which the acquired entity is accounted for by the
acquirer as a subsidiary undertaking under FRS 2 ‘Accounting for
Subsidiary Undertakings’” (FRS 7 para 2).
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date of registration When a person or business was registered. This is particularly important
for companies and VAT registration.
dawn raid (1) In law, a raid of premises early in the morning before people have
either arrived for work or got out of bed. The purpose is usually to seize
material without giving anyone the chance to destroy it.
(2) Sudden purchase of a large amount of security in a particular
business. The name derives from the practice of such purchases often
being at the start of business.
day book Book of prime entry for recording financial transactions on a daily
basis.
day-labour Arrangement where a worker is paid each day for the work he has done.
day labourer Person who works for a day at a time. Such arrangements were
common for unskilled manual work until the mid-20th century.
daylight saving Old term for British Summer Term when the clock is advanced to
allow for more work during hours of daylight.
daylight exposure limit Limit set by a bank on foreign exchange dealings in a given currency
with a particular counterparty.
day of reckoning Time when someone is obliged to account for their actions. The term
comes from the religious concept of a day of judgment.
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day out Day on which a person visits a place for recreation. The term can be
used for a servant’s free day.
day-return Ticket on public transport which pays for the fare to a destination and
return from there on the same day.
days’ grace Additional days from a stated deadline in which no penalty is imposed
for non-compliance, particularly the three days allowed to pay a bill of
exchange.
day trader Person who buys shares with a view to selling them on the same day.
day’s grace Extra day allowed for something, such as payment of a debt or
submission of a form.
day-to-day money Money lent between banks overnight. It is sometimes called overnight
money.
D&C Dilation and curettage. Common abbreviation for sick notes (HMRC
leaflet E14).
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D-day (The day that the UK adopted decimal currency, 15 February 1971.
[It is also used for day of allied invasion of Europe on 6 June 1944.]
dead account Account which is no longer used, even though it may still contain
funds. It is more accurately called a dormant account.
dead cat bounce Brief rally in a price of a security which is otherwise losing most of its
value.
dead freight That part of the freight that is not regarded as cargo.
dead pays Old term for fictitious people used to pad out a payroll.
The term originated in the English army in the 15th century when
the muster-rolls were artificially increased.
dead’s part In Scots law, part of a man’s estate which may be left in his will and is
not automatically transferred to a surviving spouse or children.
deal comps Method of valuing different types of deal by comparing with equivalent
deals. This method is particularly used in company takeovers.
dealer Person who trades for a living. The term has also acquired some
specific meanings in particular circumstances.
dealing as consumer “A party to contract ‘deals as consumer’ in relation to another party if:
● he neither makes the contract in the course of a business nor
holds himself out as doing so;
● the other party does make the contract in the course of
business, and
● ... the goods passing under or in pursuance of the contract
are of a type ordinarily supplied for private use or consumption.”
(Unfair Contract Terms Act 1977 s12(1)).
The rights acquired under this Act for such a contract restrict the
business’s ability to avoid liability under its standards terms.
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deal with Term used in Companies Act 2006. A person deals with a company “if
he is a party to any transaction or other act to which the company is a
party” (Companies Act 2006 s49(2)(a)).
A person who deals with a director of a company may assume that
the director has authority to act for the company.
dean Term used for various senior positions in the church, colleges and
courts.
Dean of Faculty In Scotland, the barrister who presides over the Faculty of Advocates.
Dearing Report (1) Report published by Sir Ronald Dearing in 1988 on accounting
standards. It led to the establishment of the Accounting Standards
Board and Financial Reporting Council in 1990, among other
changes.
[There have also been Dearing Reports in 1997 and 2001 on schools.]
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death-bed State when a person knows he is about to die. The person is said to be
“on his death bed”. A confession at this time can be given significant
weight by a court.
death benefit A life insurance payment made upon the death of an insured person.
death certificate Document confirming that a person has died, and stating the date and
cause of death.
death duties Tax or taxes charged on the estate of someone who died between 1694
and 1975.
They were considerably amended until consolidated into estate
duty in 1894. Legacy duty and succession duty were finally abolished
in 1949. Estate duty was replaced by capital transfer tax in 1975,
which was replaced by inheritance tax in 1986.
death estate For inheritance tax, the total amount of property a person owned just
before death other than excluded property. Not all the death estate
may be taxable.
death in service benefit Term life insurance often provided as part of an occupational pension
scheme.
If a member dies while still an employee, the scheme will pay a
lump sum. The law limits this pay-out to four times salary.
death on active service Death caused by a wound, accident or disease while on active military
service. Such death exempts the estate from inheritance tax (Inheritance
Tax Act 1984 s154).
It is not necessary for the person to die immediately — the estate of
the fourth Duke of Westminster was exempted under this provision
after he died in 1967 from a wound sustained 23 years earlier in 1944.
Nor is it necessary for the wound, accident or disease to be the sole
cause of death.
The deceased must have been either a member of the armed forces,
or a civilian “subject to service discipline” (Inheritance Tax Act 1984
s154(2)). The death must be certified by the Defence Council or
Secretary of State as being on active service.
death rate (1) For inheritance tax, the rate of tax that applies for transfers on death.
The rate has been 40% since the tax was introduced in 1986.
(2) In statistics, proportion of a defined population that die.
death-valley curve Curve on a graph showing share value against time of a start-up
business. The curve indicates the decline in the value as the company
uses the initial capital before generating sufficient profit to become self-
sustaining.
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close family “Close members of the family of an individual are those family
members, or members of the same household, who may be expected to
influence, or be influenced by, that person in their dealings with the
reporting entity” (FRS 8 para 2.1).
DEB Denatured Ethanol B - 999 parts by volume of spirits (of a strength not
less than 85% by volume) and 1 part by volume of Tertiary Butyl
Alcohol. Bitrex is added to resulting mixture in the proportion of 10
microgrammes per millilitre.
declared strength For beer duty, the alcoholic content of beer as declared by the brewer
at the duty point (Customs notice 226).
Where beer continues to ferment after the duty point, beer duty is
charged on the expected strength at consumption.
debase When a coin is replaced by one of the same value but in a cheaper
metal.
The half crown was debased from gold to silver in 1551; the penny
was debased from silver to copper in 1797.
de Beers Case that established rules on company residence. The company was
registered in South Africa but conducted most of its business from the
UK and was therefore considered UK resident.
The full name of the case is De Beers Consolidated Mines v Howe
[1906] 5TC198. The matter is discussed in statement of practice
SP1/90.
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debenture bond An unsecured loan. In USA, the term can also mean a certificate issued
for such a loan.
debenture capital Capital borrowed by a company, using its fixed assets as security.
debenture to bearer Form of debenture in Scotland. It is legal under a law made in 1696 by
the Scots Parliament. For the avoidance of doubt, it is also declared
legal under Companies Act 2006 s742.
debit Bookkeeping entry which indicates that an asset has increased, such as
when money is added to an account.
The term may be used either as one side of a double entry, where it
is matched by an equal and opposite credit.
The term can also be used to indicate the nature of an account. In
the nominal ledger or trial balance, a debit balance indicates an asset,
an expense, a loss or a reduction of a liability.
debit balance Balance on an account which shows that more money is owed than
owing.
debit card Payment card which allows money to be paid directly from a bank
account.
debit column Column in a journal or similar book for recording debit entries of
financial transactions. Traditionally it is on the left of the credit entries
and to the right of the narrative.
debit note Document stating that a customer owes money. It has broadly the same
function as an invoice or statement. It is sometimes used instead of an
invoice when goods are removed to a branch of the same business in
another EU state. The note meets the requirements of VAT law, without
creating an invoice.
debit side The part of a financial transaction which records the debit entry.
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Debrett Directory of the peerage first published in 1784 by John Field Debrett.
debt adjusting Negotiation of a debt with the creditor. This may require a consumer
credit licence.
debt advice agency Body which gives advice to individuals with debt problems.
debt buy-back Transaction which allows an issuer to repurchase securities he has sold,
often at a discount.
debt collecting Process of recovering money which is owed. This is usually part of
credit control.
debt collection period Time it takes a business to collect sums owing to it.
debt collection agency Business which collects debts for its customers. This activity requires a
consumer credit licence.
debt counselling Assisting a person getting out of debt. It is not counselling in a strict
sense, as it necessarily involves the giving of advice.
debt covenant Agreement made between a company’s creditors and its bank on the
levels of debt in which the company should operate. They are also
called banking covenant.
debt diet Debt management plan which is constructed on a similar basis as a food
diet. The term was popularised in 2006 on the Oprah Winfrey Show on
television.
debt equity Money which a business has borrowed to fund its activities, as against
equity capital, such as shares. The ratio of debt capital to equity capital
is known as gearing.
debt equity ratio Ratio of debt equity to capital equity, more commonly known as
gearing, or (in the USA) leverage.
debt market Market in financial instruments which sell other people’s debts.
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debt negotiation Discussion with a creditor, usually restricted to the amount repayable
and when it will be repaid.
debt of nature Life seen as a loan from God. The debt is repaid at death.
debtor days Average time it takes a debtor to pay. This is calculated as debtors
(from balance sheet) divided by turnover and multiplied by 365 or 366.
debtors turnover ratio Average time it takes a debtor to pay. It is the same as debtor days.
debt overhang In economics, arrangement where an indebted nation that cannot afford
to meet its debt repayments, carries forward some of the debt on terms
that are affordable.
debt payment programme Debt payment programme which operates in Scotland under Debt
Arrangement and Attachment (Scotland) Act 2002 s2.
debt ratio Ratio of a company’s debts to its capital (including loan capital).
debt relief General term for the policy of relieving people, businesses or countries
of debt which they have no realistic likelihood or paying. The term
particularly applies to debt forgiveness of insolvent countries which
cannot escape as there is no national equivalent to bankruptcy.
Debt relief was first considered in the Latin-American debt crisis
from 1982.
In the 1990s, a debt relief campaign called Jubilee 2000 was
launched by Christian and other groups. It helped lead to the HIPC
programme.
In 2005, there was another high profile campaign called Make
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debt restructuring Adjustment of a debt to make it easier for the debtor to repay. This
arises either by a court order or by agreement between the debtor and
creditor.
debt security Financial instrument used to borrow funds, and on which interest is
paid.
debt service ratio (DSR) Proportion of annual expenditure needed to service a company’s
external debts, that is sums owed other to holders of debt capital.
debt snowball method Debt reduction method commonly used when a person has large
balances on several credit cards. The method involves paying the
minimum on each card, and then using spare funds to pay off the
smallest debt first. When that is paid off in full, funds are used to pay
what is now the smallest debt.
The term comes from the fact that the largest debt grows like a
snowball rolling down a hill.
The method reduces the number of debts quickly and has the
psychological advantage that the debtor sees fewer bills each month.
The better practice is to use spare funds to pay off first those debts
which attract the highest rate of interest. The size of the debt is
considered only between two balances attracting the same rate of
interest.
debt written back When a bad debt is reversed. In practice, this only happens when a debt
that has been written off is subsequently paid.
The tax treatment follows the accounting treatment of reversing the
write-off. If the debt was a trade debt, the write-back is regarded as
trading income for the period in which it was written back.
In the case British Mexican Petroleum Co Ltd v Jackson [1932], a
company was able to avoid the tax charge by writing the debt back to
reserves. On 14 December 2001, Inland Revenue made clear that this
was not acceptable.
decimal currency The monetary system whereby one pound is divided into 100 pence.
It was introduced in Britain on 15 February 1971. Previously the
pound was divided into 20 shillings, each of which were divided in 12
pence, so there were 240 pennies to the pound. See also pre-decimal
currency.
deck-cargo Cargo stored on the deck of a ship rather than its hold.
declaration Part of a form which a person must sign to confirm that the information
on the rest of the form is true to the best of the person’s knowledge and
belief. Such forms are required on tax returns and similar formal
documents.
declaration day Last day but one of an account on the London Stock Exchange. On this
day all traditional options must be declared.
declaration of bankruptcy
Official statement that a person is now bankrupt.
declaration of dividend Statement made by the directors of a limited company on the dividend
they recommend to be paid to the shareholders.
declaration of insolvency Document lodged with Companies House which states that the
company is seeking voluntary liquidation.
declaration of interest Where a person who has to make a decision on a matter has another
role which is relevant to the matter, but that role is not sufficiently
serious to amount to a conflict of interests.
An example is where someone serves as a director of two
companies which trade with each other. A director must generally
declare any interest in any proposed transaction or arrangement
(Companies Act 2006 s177). This declaration is not required “if it
cannot reasonably be regarded as likely to give rise to a conflict of
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declaration of law Statement by a court on what a particular law means. This is sometimes
used as an alternative to an action for mandamus. Such an example is
Laker Airways v Department of Trade [1977].
declaration of solvency Declaration made by the directors of a company which is being put into
voluntary liquidation that they expect to repay all debts within 12
months (Insolvency Act 1986 s89(1)).
declining balance method Another name for the reducing balance method used to calculate
depreciation.
The value of the asset reduces each year according to the residual
value rather than the original value.
declining grant A grant provided to a non-commercial body over several years, where
the amount reduces each year in the expectation that the body will find
funds from other sources.
decode Turn a code into something intelligible. The term is used in computing.
Decoration Day 30 May. The traditional day when Americans decorate the graves of
their war dead.
but where the insurance sum assured reduces during the term. Therefore
your estate receives a smaller sum, the longer you live
decree nisi Latin: decree unless. A provisional decree which take effect unless
something intervenes before becoming a decree absolute.
deductibility provisions Those sections of Income Tax (Earnings and Pensions) Act 2003 that
relate to the deduction of expenses from taxable earnings (ibid s332).
deductible VAT VAT payable on goods and services intended for immediate
consumption or for capital assets to be used in the business. Such VAT
may be deducted as input tax.
deduction at source Where an amount is deducted at source before the person receives a
payment. The deduction is often of tax, and includes such arrangements
as PAYE on wages and deductions on share dividends.
deduction notice Notice that HMRC may serve on a company requiring it to recalculate
its tax less advantageously in certain arbitrage arrangements (Taxation
(International and Other Provisions) Act 2010 ss236-242).
deduction rate Amount of a person’s pay taken to pay a debt when an attachment of
earnings order has been imposed.
deduction scheme Scheme that operated from 1940/41 until PAYE was introduced in 1943
to collect income tax on workers’ pay.
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deductive reasoning System of logic that moves from one premise to another, such as “if a,
then b”. In tax appeals, it tends to be more persuasive than inductive
reasoning.
deed of covenant Legal arrangement for assigning income. This has the effect of that
income being regarded as that of assignee for all purposes except tax.
For donations, it has now been replaced by Gift Aid.
Deed Of Gift A legal document which transfers ownership of the special stamp to
Customs whilst Local Export Control (LEC) traders retain the stamp for
authenticating Community Transit (CT) documents.
deed of variation Agreement made by all the beneficiaries of the estate of a deceased
person. If the agreement is made within two years of the death,
inheritance tax is assessed in accordance with the deed rather than of
the will or intestacy provisions. In effect, the beneficiaries may
unanimously rewrite the will.
deed poll Deed made by one party, not necessarily to change a person’s name.
deeds fee A charge made by lenders when you repay the mortgage to release the
deeds of the property. Also known as a sealing fee.
deemed domicile Provision of inheritance tax law whereby a person who was resident in
the UK for at least 17 out of the last 20 is taxed as if UK-domiciled,
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deemed release Release that is assumed under Finance Act 2010 s44 and Sch 15 in
relation to impaired debt between connected parties.
deemed surrender When a life assurance policy is regarded as having been surrendered.
Under Income and Corporation Taxes Act 1988 s271, a policy is
regarded as surrendered if a loan is made to the insured against the
policy.
deemed transfer Transfer assumed by the law, such as the deemed transfer of a person’s
entire estate on death.
deep discount Very large discount, particularly on the nominal value of a security.
deep discount bond Loan issued at a relatively low price compared to its nominal value.
deep market Market in which a large volume of transactions may take place without
moving the price of the security, commodity or similar.
deep pocket Access to wealth which may be sought by others, such as disgruntled
investors seeking compensation from the investee’s auditors.
deep water anchorage Place outside a port where large ships may be anchored while goods are
transferred to smaller vessels which can use the port. This process is
known as lighterage.
de-equitisation Process of substituting debt capital for equity capital. This is usually
achieved by such means as share buybacks and debt-funded
acquisitions. De-equitisation reduces the cost of capital at the expense
of gearing up the balance sheet.
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defalcation Unlawful use of money by someone who was entrusted with its care.
default (1) Failure to meet a requirement, such as making payments as they fall
due or to attend court when required.
(2) A provision which is made unless someone deliberately choses an
alternative. This term is used in computing to mean the choices selected
by the programmer but which a user may change, usually by accessing
a preferences file.
default beneficiary Beneficiary who is entitled to the whole of a trust fund when the trust
period ends. The trust period is either 80 years or a shorter period as
stated in the trust deed.
default interest Interest HM Customs and Excise charge on VAT that has been
underdeclared or overclaimed, from the time the amount due has been
paid.
default paper case For tax tribunals, the simplest form of case where the matter is disposed
of without a hearing (The Tribunal Procedure (First-tier Tribunal) (Tax
Chamber) Rules SI 2009 No 273 rule 23(2)).
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default sum Under consumer credit law, “in relation to the debtor or hire under a
regulated agreement, a sum (other than a sum of interest) which is
payable by him under the agreement in connection with a breach of the
agreement by him” (Consumer Credit Act 1974 s187A).
default surcharge A civil penalty used to encourage businesses to submit their VAT
Returns and pay the tax due on time. If the VAT Return and all tax due
are not received by the due date, a business is in default. Calculated as a
percentage of the VAT unpaid by the due date.
defeasance In finance, when a bond issuer places the underlying assets with a
trustee who uses them to pay interest on the bond and, eventually, to
repay the capital.
defective accounts In company law, published accounts which do not comply with
company law or accounting standards (Companies Act 2006 s456).
An order may be made to the court for revised accounts to be
prepared.
defence mechanism Automatic mental process whereby a person shuts out painful or
unacceptable emotions.
Defence Regulations Regulations that imposed additional rules during the second world war.
They were issued under Emergency Powers (Defence) Act 1939 and
1940. They allowed property to be seized or controlled and for charges
to be imposed, and imposed many restrictions.
The main regulations were Defence (General) Regulations 1939.
Although the Regulations have long been repealed, some remnants
of them remain, such as in Finance Act 1944 s45.
defended takeover bid Takeover bid which the existing management resists.
deferment trader Trader who is approved by HMRC to defer the payment of tax and
duties, subject to meeting various conditions.
deferral relief Relief from capital gains tax when a taxpayer sells shares and uses the
proceeds to buy new shares. The relief is given in Taxation of
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deferred annuity Starting an annuity, such as a pension, from a later date to receive a
larger pension.
Each year of deferment provides a double benefit. There is one
more year for the fund to earn interest, and there is one less year for
which the pension provider can expect to pay the pension.
Deferred annuities have generally been available since 30 June
1995. Under this scheme, the annuitant may receive payments from the
fund before starting the annuity proper. From 6 April 2006, such
payments may be at any rate the annuitant chooses between 0% and
120% of the pension which would have been payable, as determined by
tables from the Government Actuary. Previously the payments had to
be between 35% and 100%.
deferred annuity contract Form of retirement provision that could be entered into before 6 April
2006.
Although such a contract was not an approved pension scheme,
existing ones are treated as registered pension schemes from 6 April
2006.
deferred asset Asset whose benefit is delayed beyond the period expected for a current
asset, but which does not meet the definition of a fixed asset.
deferred charges Local authority spending on assets that have a lasting value, for
example, land and buildings, which are not owned by the authority.
deferred consideration Any form of provision under a contract where the consideration of one
party is not provided immediately. A common example is the
acquisition of a subsidiary where some of the consideration may be
payable later on the basis of its performance.
deferred consideration Payment or other consideration that is not made in full at the time. The
most common example is payment in instalments.
For capital gains tax, the whole consideration is taxable provided
that the period of deferment does not exceed 18 months. For longer
periods, the tax may also be paid in instalments.
If the deferred consideration cannot be ascertained at disposal, a
value must be put on the right to receive deferred consideration. A
common example is an earn-out provision where consideration depends
on future profits. This provision was established in the court case
Marren v Ingles [1980].
deferred coupon note Bond on which no interest is paid until after a set date. The American
term is deferred investment bond.
deferred credit Item of income which has not been received but must be shown on the
balance sheet. A common example is a government grant. This is
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deferred debit Item of expenditure incurred in an accounting period but where the
matching income relates to a later period. Under the accruals concept, it
is treated as an asset known as a prepayment.
deferred expenditure Expenditure which has been incurred in the current period but which is
included in the accounts of a future period. The commonest example is
a prepayment. The tax treatment is discussed in the Inspectors’ Manual
at BIM42210.
deferred ordinary share Ordinary share where some right is deferred as against other ordinary
shares. The deferred right is usually that of dividend, which is only paid
to the holder of a deferred ordinary share after all other ordinary
shareholders have been paid. Such a share is usually issued to the
company’s founders. A deferred ordinary share occasionally means a
share where the right to a dividend is postponed for an initial period.
deferred payment Payment for goods after the due date, either by being late with the
payment or by making payment in instalments.
deferred pricing Arrangement where a sale is concluded before the price has been
agreed.
deferred revenue Revenue which is carried forward to a future accounting period, such as
when a customer has prepaid for goods not yet supplied.
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deferred share Ordinary share which ranks after other shares. Founders’ shares are
often deferred shares. Such a share usually becomes worthless in a
liquidation.
deferred swap Any type of swap where the payments are deferred.
defined benefit scheme Pension scheme where the pension is based on the employee’s salary. It
is also known as a final salary scheme.
defined benefit A pension scheme where the amount received in retirement is fixed.
defined contribution A pension scheme where the amount of contribution is fixed but the
amount of pension ultimately payable is not yet known.
definitive (1) Final and conclusive, admitting no further argument. Its meaning is
stronger then “definite” which means precise and identifiable.
(2) Description of an ordinary postage stamp.
deflation “A persistent fall in the general price level of goods and services” (HM
Treasury glossary). The word is the opposite to inflation.
degrouping charge Tax liability that can arise when a company leaves a group.
If a company leaves a group holding an asset acquired from a fellow
group member in the previous six years. any gain or loss that had been
deferred is reinstated. This reinstatement is known as the degrouping
charge. The deferment is under Taxation of Chargeable Gains Act 1992
s171, and the charge arises under s179.
This charge was largely replaced by Finance Act 2011.
delayed remittance Relief from taxation when income remitted from overseas is delayed,
such as by exchange control provisions.
del credere Amount added to a charge to allow for the possibility of non-payment.
(It is pronounced “del cred-air”.)
del credere agent Agent who undertakes to make payment to the principal regardless of
whether the customer pays the agent. Such an agent typically receives a
higher rate of commission.
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delayed remittances Tax term for income remitted overseas which is delayed for factors
outside the taxpayer’s control, such as restriction by the foreign
government. Relief may be available for such remittances under Income
Tax (Earnings and Pensions) Act 2003 s35.
delivery note Document sent with goods to indicate what should be in the package. It
is not an accounting document.
delivery of a deed Execution of a deed, traditionally done by placing a finger on the seal
and saying “I deliver this as my act and deed”. This is no longer
necessary.
delivery vs payment Method of trading in securities where payment is required when the
security is delivered.
delta Rate at which the price of an option moves in relation to the underlying
security. The rate is expressed as a number between 0 and 1, so 0.5
means that a £2 move in the security price will move the option value
by £1.
delta hedge Hedging position that causes a portfolio to have a delta equal to zero.
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demand note Communication from a collector of taxes requiring the tax to be paid.
Its provisions derive from Taxes Management Act 1970 s60.
Demibourne The legal decision relating to the tax liability of an employer when
someone is retrospectively found to have been an employee.
The decision is that the tax which the person paid when they
believed they were self-employed cannot be offset against the PAYE
liability of the employer.
This harsh decision was reached by the Special Commissioners in
Demibourne v HMRC. SpC 486 [2005]. It can mean that an employer
must pay tax on income which has already been taxed, so that income
tax is paid twice on the same income. In 2008, guidance was issued by
HMRC on how they address this obvious unfairness by providing a
measure of tax relief.
demijohn Large glass (or stone in past times) with a large body and small neck,
particularly used for storing wine. A common capacity is five gallons.
de minimis non curat lex Latin: the law does not concern itself with trifles.
demise (1) In law, the act of granting use of a property on a lease. Originally
the term was restricted to property which was transferred on the death
of the monarch.
(2) Colloquially, the term is extended to death generally. It is incorrect
to use the word to mean a decline, as in “the demise of British car-
making”.
demolition order Order that could be made under Housing Act 1957 for clearing slums.
Such an order justified relief from estate duty under Finance Act 1958
s33, now repealed by Finance Act 1975.
demonstration car Car which an employee in the motor industry drives solely to allow him
to demonstrate the car to a potential customer. Generally, this is not
regarded as a taxable company car (HMRC leaflet 480).
demutualisation surplus Surplus funds which arose from the demutualisation of a life insurance
business. The tax implications are considered in Income and
Corporation Taxes Act 1988 s444AF.
Denarii St Petri Latin: St Peter’s pence. Traditionally the sum of one penny given by
each family to the Vatican.
denarius Roman silver coin, traditionally worth one penny. The “d” in £ s d
comes from this word. The plural is denarii.
denature Change the property of, such as changing the property of a substance by
burning it. There are tax consequences for denatured alcohol.
denatured alcohol Any form of liquid containing ethyl alcohol but which is made into an
undrinkable form. This has the effect of making the liquid exempt from
the excise duty on alcoholic liquor.
Denatured alcohol includes methylated spirits and industrial
alcohol.
de nihilo nihil fit Latin: you cannot make anything out of nothing.
Denmark Member of the European Union, for which purpose Faroe Islands and
Greenland are excluded.
denoting stamp For stamp duty, a stamp that indicates the amount of duty paid (Stamp
Act 1891 s11).
densimeter Device for measuring the density in air of spirits. It must measure
density to five decimal places and be approved by HMRC.
density in air Density of spirits as measured by Spirits Regulations reg 18. It is not
permissible to measure the density in a vacuum and then convert it
(Customs notice 39).
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dependant benefits
dependant relative relief Additional tax allowance when a taxpayer has a dependant relative,
such as an aged parent, staying with them. It was abolished from 6
April 1988.
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depletion Using up an asset, such as minerals from quarries, mines and oilwells.
In accounting, a quarry, mine or oilfield is treated as a fixed asset,
and depletion is accounted as depreciation. This requires an estimate of
how much mineral remains.
In general use, the word should be reserved for an injurious
reduction, and not for a reduction generally. A stock item is only
depleted if replacements are not readily available, and you will suffer as
consequence.
deposit Money placed in a bank or other financial body for safe keeping, often
where it can earn interest.
deposit account (DA) Bank account where excess funds are held to earn interest.
deposit arrangements One of the five forms of alternative finance arrangement (Taxation
of Chargeable Gains Act 1992 s151L).
depositary American term for a person or business which can take funds or
documents for safe keeping. [Note that it is spelled with an A.]
deposit insurance Protection against loss of deposits by a customer should the bank or
other financial institution fail.
deposit note Type of medium-term note issued by a foreign bank in the American
market.
Depositor in Warehouse The person bound by the declaration placing the goods under the
customs warehousing procedure or to whom the rights and obligations
of such a person have been transferred.
deposit premium The premium deposit paid when an application is made for an insurance
policy.
deposit slip Form completed when funds are deposited with a bank or similar body.
The deposit slip is usually stamped by the bank’s cashier. The
commonest form of deposit slip is a paying-in form.
depot Place of deposit where goods are kept, usually for delivery to shops.
deposit-taker Form of minor bank. It may accept deposits from members of the public
but may not offer the whole range of banking services.
depreciable asset Asset which will be used for more than accounting period and for
which depreciation should therefore be calculated.
depreciating asset For capital gains tax, an asset for which hold-over relief may be
claimed under Taxation of Chargeable Gains Act 1992 from s154.
depreciation threshold An asset value below which a fixed asset is not depreciated as the
depreciation is immaterial.
depreciatory transaction Transaction between a trust and a beneficiary that has a gratuitous
element and reduces the value of the trust. Such a transaction usually
creates a tax liability. Examples include a sale at undervalue, a loan at
less than commercial interest, or a lease at less than market value. An
arm’s length bargain is not a depreciatory transaction.
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depressed area Region which is suffering particularly badly from adverse economic
conditions.
depressed market Market where there are insufficient customers for available goods and
services.
de profundis Latin: from the depths. [The term is also used for Psalm 130.]
deputy Under Mental Capacity Act 2005, a person the court may appoint to
look after the assets and interests of a person who has lost mental
capacity.
deregistration threshold Amount of annual turnover below which a business may apply to have
its VAT registration cancelled.
de rigueur As a matter of course. Note that the second word contains two Us.
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derived units Units of measure which are formed from the seven base units.
Examples include hertz, newton, joule, pascal, watt, ohm, lux etc.
derrick Crane, boom and similar devices for hoisting heavy loads.
derrière French: behind. [The word is also colloquially used to mean the
buttocks.]
der Tag German: the day. The day on which Germany intended to take over the
world.
DERV Diesel Engine Road Vehicles - heavy oil which carries a higher rate of
excise duty than other heavy oils. In general usage it has now been
replaced by Ultra Low Sulphur Diesel (ULSD).
dervish Muslim who leads a life similar to a monk, professing poverty and
leading an austere life.
description Words which convey more than a title but less than a definition.
Descriptions are sometimes used for computer data.
desert rat Soldier from the British 7th Armoured Division, so called from its
service in North Africa in 1941-42.
deserving poor Term coined in the 1880s in the context of relief from poverty. Those
who had worked and not gambled or drunk were permitted some
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desiccant Silica gel or similar product which is intended to remove the water or
prevent water building up. It is commonly used as packaging for
electrical goods. The spelling should be noted.
design and build Form of simple building contract where the same person that designs
the building actually builds it. If the building is zero-rated as a new
construction, the design element may also be zero-rated for VAT.
Design work is standard-rated when supplied separately.
designated account Account in a person’s name but which contains further identification,
such as a second name or an indication of the purpose of the account.
designated area In relation to tax on oil and gas, means “an area designated by Order in
Council under section 1(7) of the Continental Shelf Act 1964” (Finance
Act 1973 s38(2)(e)).
designated fund Unrestricted fund which the organisation has set aside for a particular
purpose.
This term is particularly used by charities, churches and other non-
commercial organisations. It is a halfway house between a restricted
fund which may only be used for the purpose for which the funds were
provided, and a general fund which may be used for any purpose.
A designated fund is an amount of general fund which the ruling
body has allocated for a specific purpose, such as to acquire a new
building, and which may not be used for any other purpose until the
ruling body decides otherwise.
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designated religious body Term used in Scotland for a church which is excused some compliance
provisions for charities.
designatory letters Letters a person is entitled to put after his or her name, also known as
postnominal letters.
designer rate tax System of taxation where a company may apportion its taxable profits
into two parts of whatever size it wishes. For example, one part is taxed
at a low rate, and the other at a high rate, such as 2% and 80%.
This curious arrangement is designed to exploit the UK tax rules on
controlled foreign companies. For example if such a company would
be liable to UK tax if the local tax was less than 20%, the profits could
be apportioned to reach exactly 20%.
This is now generally prevented by Income and Corporation Taxes
Act 1988 s750A for accounting periods that start after 5 October 1999.
design paper Paper which includes a simple background design and on to which
other material may be printed.
design weight In the context of determining whether a vehicle is a van for taxing an
employee provided with one, “the weight at which a vehicle is designed
or adapted not to exceed when in normal use and travelling on a road
laden” (Income Tax (Earnings and Pensions) Act 2003 s115(2) and
s235(6)).
desilver Remove the silver from, such as turning a mirror into plain glass.
desk Item of furniture, similar to a table, but intended for working. It often
has drawers.
desk accessory Any item designed to sit on a desk for use or convenience of the user.
desk calculator Calculator which is designed to sit on a desk, with particularly large
display of figures.
desk mat Mat designed to sit on a desk either to protect it or to provide a better
surface for writing.
desktop Computer system which can be operated from a computer that sits on a
desk. The term has faded from use from around 2000 as most functions
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desktop In computing, the screen which appears when the computer is in normal
use and no other screen has been chosen. The desktop displays icons
representing commonly used programs and files.
despatches In the context of trade within the European Union (EU), the removal of
goods from the UK and their acquisition in another European Union
(EU) Member State by a person registered for VAT in that State.
destination store Retail unit which attracts its own custom wherever it is located. For
such a store, location is less important than for shops which depend on
footfall or passing trade.
detached national expert Person engaged under the European Union scheme established on 26
July 1988.
The daily subsistence allowance paid to such an expert is exempt
from tax under Income Tax (Earnings and Pensions) Act 2003 s304.
detained cash Funds which have been seized under Proceeds of Crime Act 2002 s295.
detained resident “A person detained in a hospital or care home — for the purpose of
being given care or treatment — in circumstances which amount to
deprivation of the person’s liberty” (Mental Health Act 2007 Sch 7
clause 6).
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detent Position into which a control knob clicks, as opposed to one where it
rotates freely.
détenu Political prisoner, particularly in India. The term comes from French.
detention officer Civilian who is so designated by a chief officer of police under Police
Reform Act 2002 s38(2).
determination The process by which any amount becomes known. In tax, this may
arise from one of several processes. Further information is contained in
Taxes Management Act 1970 s28C-28E.
Determinations Panel Panel established by the Pensions Regulator under Pensions Act 2004
s9. Its functions are to exercise various regulatory functions of pension
schemes.
detest In old documents, this term means to witness against, rather than to
hate.
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Deutsche Terminbörse Futures and options exchange which opened in Frankfurt in 1990.
Deutschmark (DM) Unit of currency of Germany until it adopted the euro in 2002. It was
divided into 100 pfennigs. [The term can be expressed as Deutsche
Mark.]
devastation State of a place which has been plundered or laid waste, either
deliberately or by natural forces.
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developing countries “A term generally used to describe countries that have a low national
income.” (HM Treasury glossary).
development area
development assistance Assistance provided by the British government to any person or body
with a view to reducing poverty in another country (International
Development Act 2002 s1).
development gains tax Tax charged between 17 December 1973 and 31 July 1976 on the gain
when selling any land other than a person’s main residence. It was
replaced by development land tax.
The taxable gain was calculated by taking the lowest figure from
using three methods. The first £10,000 was exempt. Tax was charged at
80% on the balance.
development land tax Tax charged between 1 August 1976 and 19 March 1985 on the
development value of land. It replaced development gains tax.
The tax was calculated on the consideration less deductible
expenses and base value. The base value was basically the cost plus
15% (10% before 26 March 1980), though there were three different
bases (A to C) which could be used to calculate this.
There was an annual exemption, which was £75,000 in the year
before abolition.
The tax was charged at 80% until 10 June 1979 and then at 60%
until abolition.
development plan The strategies which determine planning policy in a particular area
(Planning and Compulsory Purchase Act 2004 s38).
development psychology Branch of psychology which is particularly concerned with how people
develop throughout their life.
development rate Rate of national minimum wage for workers aged 22 and above who
were undergoing training.
This rate was abolished from 1 October 2002, since when such
workers are paid at the reduced rate.
development value Additional value of land because it may be used for a more valuable
purpose, such as when farming land has planning permission for homes.
Devil’s advocate Person who argues a case solely as a means of testing its veracity.
The term originated in the Church.
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dew-cup Old term for an early morning allowance given to harvest workers.
diabetic food For VAT, diabetic food generally follows the same treatment as the
mainstream equivalent (VAT notice 701/14).
diamond Jewel made from carbon. Rough diamonds may only be imported into
the UK from outside the UK if they have a valid Kimberley Process
Certificate (Customs notice 1).
diastase “An enzyme, developed by the malting process, which converts starch
to sugars during mashing” (Customs notice 39).
diastatic Description of seeds that contain an enzyme for turning starch into
sugar. Diastatic barley is within the scope of inward processing relief
for the Whisky Export Refund Scheme. It may qualify for a similar
relief when used to make gin or vodka.
dibs Colloquialism for money, particularly used for gambling. The word
originally meant the knuckle-bones of sheep so used.
die For stamp duty “includes any plate, type, tool or implement whatever
used under the direction of the Commissioners for expressing or
denoting any duty, or any rate of duty, or the fact that any duty or rate
of duty or penalty has been paid, or that an instrument is duly stamped,
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or is not chargeable with any duty or for denoting any fee, and also any
part of any such plate, type, tool or implement” (Stamp Act 1891 s27).
diesel Usual term for diesel oil that may be used as a road fuel in an engine
built for that purpose. The word comes from the German engineer
Rudolph Diesel (1858-1913) who invented the engine. Originally the
word meant the engine rather than the fuel.
For excise duty, diesel is subject to hydrocarbon oil duty.
For income tax, an employee with a company car that has a diesel
engine pays tax on a higher figure than for a car with an equivalent
petrol engine. This is usually calculated by adding 3 percentage points
to the percentage by which the car’s list price is multiplied.
diesel car “Car which is propelled solely by diesel” (Income Tax (Earnings and
Pensions) Act 2003 s141(3)).
dies non Day on which no legal business may be transacted. These are Sundays,
Good Friday, Christmas Day and any bank holiday.
dietary supplement For VAT purposes, a dietary supplement does not come within the
scope of zero-rated food. Further details are given in VAT notice
701/14.
Dieu et mon droit French: God and my right. Royal motto, first used by Richard I in 1198.
difference clause An agreement in swaps, forward rate agreements and similar to net off
the sums owed and only pay the difference owing between the parties.
difference on consolidation
Difference between fair value of the payment for a subsidiary and the
fair value of net assets acquired, more commonly called goodwill.
difference option An option which pays the difference between the prices of two assets.
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differentiation For income tax, rules that taxed income at different rates according to
its source.
The term was used between 1907 and 1920, though aspects of
differentiation can be found in current income tax law.
digit A finger or toe. As there are 10, the term came to mean any of the
symbols from 1 to 9 and 0. So 47 contains two digits.
digital certificate A Digital Certificate is used for some government transactions that
require high levels of security and data integrity. A certificate contains
encrypted information about the user’s identity and can establish the
user’s authority to perform a particular task.
digital computer Computer where data is handled digitally. All computers from the
1980s onwards have been digital.
digital native Colloquialism for a person who grows up in a world of modern digital
devices.
digital projector Computer peripheral which allows images from a computer screen to be
projected on to a screen.
digital signature Electronic signature based on encryption and the use of sender's private
key.
It has a similar function to a written signature in confirming that
the document transmitted is from the signatory.
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dii penates Latin: household gods. The term came to mean such household items as
the lady of the house particularly prized.
dilapidations Term once used in accountancy to mean the cost of reinstating leased
premises to their condition at the start of the lease.
“Works of repair or re-instatement for which a lessee is liable if the
lease provides that:
• the lessee is responsible both for repairs, and
• for delivering up the leased property at the end of the lease in
the state in which it was at the beginning of the lease”
(Inspectors’ Manual at BIM 43521).
dilemma Situation when faced with two undesirable choices. The term is more
precise than just a difficult situation.
dilution (1) Effect (usually on earnings per share) if everyone who could
acquire shares did so.
(2) For beer duty, adding water to beer to reduce its alcoholic strength.
Customs notice 226 explains that this requires Customs approval.
diminished responsibility “Such abnormality of the mind (whether arising from a condition of
arrested or retarded development of mind or any inherent causes or
induced by disease or injury) as substantially impaired his mental
responsibility for his acts and omissions in doing or being a party to
[murder]” (Homicide Act 1957 s2).
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diners Gold coin issued by Andorra, that may be a gold investment coin for
VAT purposes.
diplex In computing, ability to transmit two messages at the same time down
one wire.
diplomatic bag Any container of any size or shape which is sent to an embassy. Under
international conventions, such a bag is free of all Customs controls and
taxes.
diplomatic cold Feigned illness to excuse a person from attending an awkward meeting.
The term was first used by Mr Healy MP in 1885 to refer to Lord
Hartington and Gladstone when they declined to speak at a public
meeting. The following day they were both “much better”.
diplomatic immunity In law, the right of ambassadors and other diplomatic staff not to be
prosecuted or sued by their resident country. This is set out in the
Vienna Convention 1961.
For this reason, businesses should be wary of accepting orders from
diplomatic premises without prior payment.
Goods for embassies and other diplomatic premises do not have to
pay customs duty.
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diplomatic service code Code of conduct for the diplomatic service (Constitutional Reform and
Governance Act 2010 s6).
direct attribution The process by which supplies of goods and services are identified, and
are used exclusively in making exempt supplies.
direct costing Method used to calculate the total cost of an item, sometimes known as
absorption costing.
The basis formula is:
direct cost = materials + labour + share of overheads.
Suppose a company plans to make 100,000 widgets. The material
for each widget costs £1.20, the labour costs 80p and the company’s
overheads are £100,000. The materials and labour comprise £2. The
overheads are apportioned or absorbed at the rate of £1 per item,
giving a total cost of £3.
Direct costing is appropriate for decisions on whether to sell an item
at all. If the price does not allow a reasonable profit over £3, the
company probably should not sell the item at all.
Care is needed with regard to the absorption element. If the
company sells only 50,000 widgets, the overheads equate to £2 per
item.
Once the overheads have been recovered, it is then appropriate to
consider the marginal cost. In this case, the marginal cost is just £2 for
materials and labour. So if the company received a large order for
widgets at £2.50, the company could accept the order and make a profit.
The other widely used methods of costing are marginal costing
and opportunity costing.
direct discrimination When discrimination is overtly made for an unlawful reason, such as
passing a rule which denies equal treatment to a person because they are
black or female. It is illegal under Sex Discrimination Act 1975 s1 and
.........
direct discrimination Where a person is treated less favourably on grounds directly related so
such a matter as their sex or race. This is usually illegal under English
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law.
direct expenses Expenses of selling a product or service, excluding the direct costs of
materials and labour. Direct expenses will include such matters as
storage, inspection and packaging.
directional testing Auditing technique of testing debits for overstatement and credits for
understatement.
directive A document issued by the European Union requiring all Member States
to adapt their national law to be consistent with the Directive.
directors’ dealings Sale and purchase of shares by directors of listed companies. These
dealings must generally be disclosed publicly. The reason is that
directors are in a special position to see what is happening to the
company. Any large sale or purchase is therefore significant,
particularly if it appears that the directors are acting in concert.
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director’s employment “In relation to a person who is employed as a director, means that
employment” (Income Tax (Earnings and Pensions) Act 2003 s223(8)).
directors’ fees Amounts paid to directors, particularly for attending board meetings.
directors’ interests Interests which the directors of a company have in the shares,
debentures and similar of their company. Such interests must be
disclosed in the accounts.
directors’ report Duty to prepare Companies Act 2006 s415. Content s416.
directory (1) Any book which provides information about people or businesses.
(2) In computing, a group of files usually stored together for
organizational purposes. It is also known as a folder.
directory entries A person cannot be charged for an entry in a directory unless the person
has signed a written order for such entry and other provisions of
Unsolicited Goods and Services Act 1971 s3 are followed.
direct payment scheme For inheritance tax, a scheme that allows the tax to be paid by a direct
transfer from funds held in the deceased’s bank account. Guidance on
this is given in HMRC’s IHT400 help notes.
direct placing When shares are placed directly with investors, without the use of
underwriting and without a public subscription.
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direct quote Exchange rate expressed as the number of units of domestic currency
equal to one unit of the comparison currency.
direct representative A third party who makes a Customs declaration in a trader's name, on
the trader's behalf.
direct selling Marketing method of selling to a customer without using a third party,
such as a shop or agent.
direct share ownership Ownership of shares by private individuals rather than through a
collective investment scheme such as a unit trust.
direct speech Quoting a person’s exact words, as in “John said ‘I shall buy the car’”
as against indirect speech which summarises the words, as in “John
said that he would buy the car”.
dirgist Pertaining to control of social and economic matters by the state. The
word may also be spelled with a final E.
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dirty chain Series of fraudulent transactions involving missing trade fraud that are
run in conjunction with a clean chain of honest transactions. The
practice is known as contra-trading.
The VAT input tax from the dirty chain is in effect washed by offset
against the output tax from the clean chain. As this does not trigger a
repayment from HMRC, it is less likely to arouse suspicion.
dirty float Floating a currency where the government intervenes to regulate the
exchange rate.
dirty money Money that has been illegally gained, such as from selling drugs or
stolen goods.
The process of turning it into clean money is known as money
laundering.
dirty price Price of a bond which includes the accrued interest. When the accrued
interest is deducted, you have the clean price which is usually used for
comparison purposes.
disability case Case brought by a woman for equal pay where the woman was under a
disability during her employment and for up to six months afterwards
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disability discrimination This arises when one person treats another less favourably than other
people and the reason is because of that person’s disability (Disability
Discrimination Act 1995 s55(1)).
disability reduction For council tax, a reduction when the property is the sole or main
dwelling of a disabled person.
The reduction is given by reducing the property band by one place,
so a band C property is taxed as a band B property. From 1 April 2000,
a band A property is reduced to a special band equal to one ninth of the
amount payable for an average band D property.
disabled driver relief Reduction in the tax charge when a disabled employee is provided with
a company car.
Where an employee is given a car with automatic transmission
because of their disability (for which they have a blue badge), the
employee is subject to tax on the benefit in kind based on the carbon
dioxide emissions for the equivalent manual transmission car, which is
less.
disabled person “A person who has a disability” (Disability Discrimination Act 1995
s1(2)).
For inheritance tax, “a disabled person is someone who, because of
a mental disorder, is not capable of managing their own affairs or
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disabled person’s badge The blue badge provided to disabled people. This may be displayed in
any car being used by the disabled person. It allows the car to be parked
in disability bays and in other restricted areas.
The badge can also be a factor in reducing the taxable benefit of a
company car, for which purpose the badge is defined in Income Tax
(Earnings and Pensions) Act 2003 s171(4).
disabled person’s interest “A trust where more than half of the assets in the trust are applied for
the benefit of a disabled person. Or, for trusts set up on or after 22
March 2006, a trust set up for their own benefit by a person who is
suffering from a condition which can be expected to lead to them
becoming disabled” (HMRC inheritance tax glossary).
disadvantaged area Defined areas of the country where the rates of stamp duty were
temporarily relaxed. This provision lasted from 30 November 2001 to
16 March 2005. A full list of the areas is given in SI 2001 No 3746.
disadvantaged customer Person who is treated less favourably in terms of paying for goods or
services. The term is used in Energy Act 2010 s26(1).
disallowed expenses Expenses that are not tax-deductible. When these are included in the
profit and loss account, they must be added to the net profit per the
accounts. This category includes non-trade expenses, capital
expenditure (including depreciation), expenses barred by law (such as
bribes and customer entertainment) and dividends.
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disapply Remove from the scope of a regulation. There are many such provisions
in tax law where a regulation is disapplied in certain circumstances.
disappropriate Take away from the state of being appropriated. This usually means to
take back or prevent from being taken in the first place.
disaster area Area which has been badly affected by a disaster, such as a hurricane or
flooding. Government funds are usually provided to relieve suffering.
disaster fund Fund established to relieve the consequences of a disaster. Care must be
taken to ensure that the purpose comes within the scope of public
benefit to claim charitable relief, as explained under Aberfan.
disband End a group or organisation, particularly when the individual people are
then free to continue the group’s work on their own or in a new group.
disbench Deprive from the privilege of being a bencher in the Inns of Court.
disburse Pay money, often to pass on a cost which a person has already borne.
disbursement Paying someone the amount they have spent on your behalf.
disc brake Brakes on a vehicle which work by applying hydraulic pads against a
disc on the wheel.
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discharged bankrupt Person whose bankruptcy is over. He may still be subject to certain
restriction orders and have difficulty borrowing money.
disclosure of shareholding
Legal requirement for a company to disclose in its annual report all
shareholders with a sufficiently large shareholding. In the UK, this is
3%.
discount account In traditional bookkeeping, there was often a separate account for
discounts on sales. Today it is normal not to have such a separate
account, but simply to net off the discounts and record the net amount
receivable in sales.
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discount broker Broker who charges a lower commission than other brokers.
discount broking Share dealing service which charges a low commission and offers no
advice or portfolio service.
discounted cashflow Cashflow statement which is adjusted to allow for inflation or for the
cost of capital.
discounted option “A share option which gives the option-holder the right to buy shares
at an exercise price lower than the market value of the shares when the
option was granted” (Inspectors’ Manual at BIM 44001).
discounted rate An arrangement whereby a person receives a set reduction from a price
otherwise charged. This rate may for a specified period of time.
Discounted rates are widely used to market mortgage rates and credit
cards. Discounted rate mortgages often have penalties for leaving
before an agreed date.
At the end of the specified period, the rate changes to the standard
rate in force at the time. |
discounted value Different between the market value of a share and its lower market
value.
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discount factor Figure between 0 and 1 (exclusive) which represents a rate of interest
used to calculate discounted cashflow or present value. The interest rate
is calculated as 1/(1 + r) where r is the interest rate expressed as a
decimal (that is a percentage divided by 100). So for an interest rate of
5%, the discount factor is 1 ÷ 1.05 = 0.952.
discount rate (1) Rate charged by a central bank on loans made to other banks.
(2) Rate of interest used to calculate the discount factor.
discount received A supplier of goods or services allows a business to deduct an amount called a
discount, for prompt payment of an invoiced amount. The discount is
often expressed a percentage of the invoiced amount.
discount store Retailer who sells goods at less than the usual price.
discovery assessment Assessment made on a taxpayer after discovery of unpaid tax. The
assessment is made under Taxes Management Act 1970 s29. The
taxpayer has a right of appeal.
discrepancy Situation where financial reality does not accord with the financial
records.
discretionary account Client’s account with a stockbroker where he can invest the funds as he
sees fit without obtaining approval from the client.
discretionary broking Share dealing service where the portfolio is managed; the broker has
discretion on buying and selling without reference to the client each
time.
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discretionary entrant A member of a group insurance plan who did not have an automatic
right to membership under the eligibility terms of the policy.
discretionary fund Fund which may be used for a payment approved by a fund holder.
Such a fund is often held by a church minister to meet sensitive
expenditure such as to relieve poverty of a church member
discretionary payments
Payments made at the discretion of the fund holder, particularly social
security benefits from the Social Fund.
discretionary registration
Term once used for voluntary registration for VAT. The term reflects
the fact that Customs once had the power to decline voluntary
registrations.
discretionary trust Form of trust where trustees exercise judgment on how much to pay
the beneficiaries.
A discretionary trust may allow the trustees not to make any
payments for a year but to allow funds to accumulate. The trust deed
may impose a limit on such accumulation, failing which is there is an
absolute legal limit of 21 years. Such accumulations are added to
capital and not to income.
The trustees also have discretion over what to do with the capital,
such as the funds in which may be invested, subject to any restrictions
in the trust deed. A discretionary trust may have capital beneficiaries
who are different from income beneficiaries.
Because of their obvious use in tax planning, such trusts are the
most heavily taxed. There is usually an inheritance tax charge at the
lifetime rate when assets are settled on the trust, a periodic charge
every ten years, and an exit charge.
discriminator Term used in Sex Discrimination Act 1975 s4 for an employer or other
person who discriminates against a person because of their sex, marital
status or gender reassignment.
discriminatory advertisement
“An advertisement which indicates, or might reasonably be understood
as indicating, an intention by a person to do any act which is or might
be unlawful” under the Act (Sex Discrimination Act 1975 s38(1)).
Subsection (3) explains that this includes such terms as “waiter”,
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disguised interest Tax avoidance scheme which seeks to disguise interest payable as a tax-
free payment. Legislation was introduced in 2008 to counter this.
dishonour In terms of cheques, when a bank refuses to pay a cheque for any
reason, usually because there are neither funds nor overdraft facility.
disincentive Something which makes it less likely that a person will do what is
desired.
disinherit Remove from an inheritance, such as making a new will where the
person is no longer a beneficiary.
diskette Term sometimes used for the 5¼-inch computer disc that became
standard in the 1980s, but now replaced by other media. From 6 April
2009, HMRC will not accept tax returns on diskette.
disorderly conduct Criminal offence under common law of any minor infringement which
may lead to a breach of the peace.
Dispatch Pack Documentary system used by couriers and similar carriers when
moving goods to another country. The pack contains the necessary
documentation for moving one package. The use of these packs is now
becoming rare as most couriers have computer-based commercial
evidence of removal that is adequate for Customs purposes. The matter
is explained in VAT notice 725.
dispatch rider Person who carries documents in dispatch boxes, originally by horse
but now usually by motorcycle.
dispensation “Notice stating that an officer of Revenue and Customs agrees that no
additional tax is payable by virtue of the listed provisions by reference
to the payments, benefits or facilities mentioned in the statement”
(Income Tax (Earnings and Pensions) Act 2003 s65(4)).
displaced person Person who has been displaced by war or similar disruption.
dispone In Scots law, process by which one person’s property is made over to
another.
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disposable barbecue Meat and other items sold on a disposable tray in which the food may
be cooked.
From 19 October 2006, the whole of such supply is standard-rated.
disposable income Income people have left after they have paid their tax. It is the money
that they can choose how they wish to spend.
disposal Loss of possession of an asset by any means. In capital gains tax, this
can trigger a tax liability.
A disposal can be a sale, gift, theft, destruction or discarding of the
item. The term is more exhaustively defined in Taxation of Chargeable
Gains Act 1992 s21. In particular a disposal includes a part disposal.
disposition The disposal of any part of a person’s estate. A disposition can trigger
a liability to inheritance tax unless it comes with the scope of an
exemption, such as being made more than seven years before death,
normal payments of income, a disposition not intended to confer a
gratuitous benefit to the recipient, and any disposition which is subject
to a specific relief.
“A disposal or transfer of property or cash, including both the
creation and release of any debt or right” (HMRC inheritance tax
glossary).
disposition by omission In inheritance tax, a disposition that arises because a person does not
something, such as exercising an option.
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disproportionate Out of proportion, such as when a penalty is too great for the offence.
dispute resolution Procedures for settling a difference which has arisen between two
people or businesses.
This typically involves the three Cs of concession, conciliation
and confrontation. Conciliation typically involves meditation and
arbitration.
disputed debt Sum owed where there is a genuine disagreement over the amount
owed, or if anything is owed.
disqualifying arrangements
In tax, arrangements which members of a group may enter into in an
attempt to make a business eligible for annual investment allowance
to which it would not otherwise be entitled.
Disraeli, Benjamin English Conservative politician (1804-1881) who was Chancellor of the
Exchequer for three periods between 27 February 1852 and 29 February
1868. He was prime minister for two periods between 1868 and 1880.
distance selling Any arrangement whereby a consumer makes a purchase away from
the seller’s premises. Examples include mail order and Internet sales.
Such sales are subject to the Distance Selling Regulations (DSR)
which give the consumers additional rights, such as being allowed to
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distance selling When a taxable person registered in one European Union (EU) Member
State supplies and delivers goods to a non-taxable person in another EU
Member State (most common in mail order).
Distance Selling Threshold The VAT due on distance sales is accounted for in the country of
despatch, until the value exceeds a specified annual limit. The limit is
based on a calendar year and varies between Member States.
distillation period Period for which the attenuation charge is calculated on a distiller in
respect of his capacity to distil spirits. Customs notice 39 defines them
as “accounting periods for the manufacture of spirits”.
All manufacturing must be carried out in a distillation period.
distilled water For VAT, this is standard-rated. It does not come within the scope of
zero-rated water (VAT notice 701/16).
distiller’s licence Licence required to operate a distillery. A licence may be revoked if the
largest still has a capacity below 18 hectolitres or the distiller ceases
manufacturing spirits.
distiller’s warehouse “Place of security for the deposit of spirits manufactured at that
distillery” (Alcoholic Liquor Duties Act 1979 s15(1)). The warehouse
must be approved by HMRC. The term is so defined in ibid s15(3).
“An Excise Warehouse approved by us [HMRC] under section 15
of ALDA, for the storage of the spirits produced at the distillery. A
limited range of operations, such as racking, can be carried out in a
distiller’s warehouse” (Customs notice 39).
distillers’ licence Licence which is required before anyone may legally distil spirits
(Alcoholic Liquor Duties Act 1979 s12(1)). In general, the distillery
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distillery return Quarterly return that must be made on form W21 by a distillery.
distinguish In law, process whereby factors in a current court case are shown to be
different from those in a previous case, so that the precedent
established in that case need not be followed.
distress In law, the process of seizing goods to raise funds to pay a debt.
distress finance Funding for a business in trouble, usually at a very high rate.
distress merchandise American term for goods sold cheaply to raise quick funds to clear
debts.
distress sale Sale designed to generate a quick income, usually because the person is
desperate.
distress warrant Order by a court authorising bailiffs to seize goods for non-payment of
a debt.
distributable profits Profits which the directors may decide to share out between
shareholders as a dividend.
In relation to financial assistance to buy shares in a company, a
definition is given in Companies Act 2006 s683(1).
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distributed profits The element of profits which has been given to shareholders as
dividend and not kept as retained profit.
distribution network Series of warehouses or depots from which goods may be sent.
distribution rights In relation to corporation tax and distributions, means “rights in relation
to dividends or interest or assets on a winding up” (Corporation Tax
Act 2010 s169(2)).
distributor Company which arranges the sales of goods for another company.
divan Counting house where accounting records were kept. The modern term
for a type of bed is an allusion to the style of bench in a divan.
diversification Portfolio policy that seeks to reduce risk by spreading investments over
a suitably wide range.
diversion For excise duty, the release of goods from an excise warehouse to the
market without the excise duty having been paid.
divide Mathematical function to determine how many times one number must
be multiplied to reach another.
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dividend income Income from dividends and other distributions from companies. It is
subject to a special rate of income tax. The full definition is given in
Income Tax Act 2007 s19.
dividend irrelevance Theory that dividends are irrelevant in determining the value of a
company. To the extent that profits are not distributed, they are retained
and are therefore reflected in the share value.
dividend maintenance Policy of paying the same dividend even though a company’s profits
fluctuate.
dividend ordinary rate Rate of income tax charged on dividends to basic rate taxpayers.
dividend per share Amount of dividend as a cash figure payable for one share.
dividend policy Policy followed by directors when determining the size of the dividend.
dividend trust rate Rate of income tax payable by relevant property trusts on their
dividend income. The rate has been 42.5% from 6 April 2010, prior to
which it was 32.5%. This means that, allowing for the dividend tax
credit, the effective tax rate is the same as the highest marginal rate of
income tax. Other income of such trusts is taxed at the rate applicable
to trusts.
dividend upper rate Rate of income tax charged on dividends to higher rate (40%)
taxpayers. The rate is 32.5%.
dividend yield basis Method of valuing shares. The dividend per share is divided by the
dividend yield.
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Divisional Court Court comprising at least two judges from a division of the High Court.
There is a divisional court for each of the three divisions of the High
Court. The divisional court hears appeals in various matters prescribed
by law. They also exercise some supervisory jurisdiction over the High
Court.
divisional registration For VAT, a facility that allows a corporate body, which carries on its
business through a number of self accounting units, to register each of
those units or divisions separately for VAT. Allowed only at the
discretion of HM Customs and Excise.
divorce The legal process which ends a marriage even though both parties are
still alive. A person who is divorced is called a divorcee.
divorce order Final order made in granting a divorce under Family Law Act 1996. It
replaces the former decree nisi and decree absolute.
Divorce Registry Section of the Family Division of the High Court that deals with
divorce.
DIY builder Person who builds a house for his own use. He may be able to claim
back input tax on the building materials even if he is not registered for
VAT.
DLR Dominion Law Reports, series of Canadian law reports from 1912.
DM Deutschmark.
D-mark Deutschmark.
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dock (1) Place where ships berth for loading and unloading of goods, or
embarkation and disembarkation of passengers.
A dock is specifically included in the definition of industrial
building.
(2) Cut, remove, reduce, such as to subtract from wages.
(3) Place in court where an accused person stands trial.
doctors’ co-operative Mutual trading organisation. They started in 1995 to provide out-of-
hours medical cover for GPs’ patients. Their tax treatment is discussed
in the Inspectors’ Manual at BIM24655.
doctrine of incorporation In international law, the legal principle that international laws are
automatically incorporated into every country’s domestic law. It differs
from the doctrine of transformation.
doctrine of transformation
In international law, the legal principle that international laws are only
incorporated into a country’s domestic law if that country has so
decided by its own law or a decision of its own judges.
document box Box which can be locked for secure custody of documents.
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documentary bill Bill of exchange attached to the shipping documents of parcel of goods.
Typically the documents include the bill of lading, insurance policy,
dock warrant and invoice.
documentary credit Credit document, particularly used in the export trade. It involves a
bank issuing a letter of credit against shipping documents.
documentary evidence In law, evidence in written rather than oral form. The admissibility of
the document depends upon both the proof of the authenticity of the
document and the purpose for which it is offered.
documentation fee Fee charged by a lender to cover the cost of producing the loan
documents.
document of title to goods Document, such as a bill of lading that states the terms under which a
person has possession of goods.
dog Colloquialism for a poorly performing share where the investor should
consider whether it is worth continuing to invest.
dog licence Licence needed to own a dog, collected by local authorities. Separate
licences are still needed for certain dangerous dogs.
In Great Britain, this requirement was introduced in 1878 and
abolished in 1988. The rate was then 37p, the equivalent of the pre-
decimal 7s 6d. By this time, the licence cost more to administer than it
collected. About half of all dog owners did not have a licence.
In Northern Ireland, a licence is still required under Dogs (Northern
Ireland) Order 1983. Dog licences are also required in the Irish
Republic, Isle of Man and in many other countries.
dog tax This tax became formalised in 1769 though annual charges had
previously been made at times of rabies scares. In 1867, it was replaced
with the annual dog licence.
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dollar area Geographical area where the US dollar is the main trading currency.
dollar pool Before 1979, fund of dollars from which UK residents could buy
foreign securities, domestic property etc. It was abolished with
exchange control regulations.
Domesday Book Record of all property in most of England compiled by 1086 and used
to raise tax.
domestic Relating to the home. This term is sometimes used in relation to tax
provisions on the supply of goods, such as the reduced rate of VAT for
energy supplies. The meaning of the term for tax was considered in the
purchase tax case Attorney-General v Milliwatt [1948] 1 All ER 331
which held that electric blankets could be classified as domestic, even
though they were a luxury and also had medical use (the latter of which
was much more common in 1948).
domestic consignment Goods not under Customs control moving within the UK.
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domestic fuel This item is subject to the reduced rate of 5% VAT from 1 September
1997.
domestic goods (1) Goods produced by a country for its own use, as against imported
goods.
(2) Goods used within a home.
The extent to which an employee may claim for such goods as
relocation expenses is set out in Income Tax (Earnings and Pensions)
Act 2003 s285.
domestic market Collective term for customers in the same country as the seller.
domestic microgeneration
Defined in Income Tax (Trading and Other Income) Act 2005 s782A
(as inserted by Finance Act 2007 s20) as a microgeneration system in
domestic premises.
domestic premises In law, a private residence, complete with garden, yard, drive and
related buildings.
“Premises used wholly or mainly as a separate private dwelling” (re
microgeneration, Income Tax (Trading and Other Income) Act 2005
s782A (as inserted by Finance Act 2007 s20)).
domestic tribunal Body that deals with discipline in a particular area, such as a
professional body disciplining its members.
domicile The one country a person regards as his natural home. A person may
have only one domicile, even though he has dual residence or dual
nationality.
There are three types of domicile:
• domicile of origin
• domicile of choice
• domicile by operation of law
For inheritance tax purposes only, it is possible to have a deemed
domicile.
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domicile of choice Where a person has given up their domicile of origin and established
another country as their domicile. In practice, this is difficult to
demonstrate and requires significant steps to be taken to show that the
domicile of origin has been abandoned. An example for tax is IRC v
Bullock [1976]. If a domicile of choice is abandoned, the person reverts
to their domicile of origin (Tee v Tee [1973].
domicile of origin Domicile established at birth. This is, by far, the most common form. A
legitimate child takes the domicile of his or her father (Domicile and
Matrimonial Proceedings Act 1973 s3). If the parents are separated, and
the child lives with the mother, the child takes her domicile (ibid s4).
domiciliary visit (1) Visit made under legal authority to search the premises. This term is
now rarely used.
(2) Visit by a doctor to a patient at his home.
dominant influence “Influence that can be exercised to achieve the operating and financial
policies desired by the holder of the influence, notwithstanding the
rights or influence of any other party” (FRS 2 para 7).
dominant person Person who has the more responsible role in a fiduciary relationship.
domination Relationship where one person, body or activity determines all others.
donated goods Goods given to a charity or organisation to sell to raise funds. Such an
activity is not usually regarded as taxable under extra-statutory
concession C4, as explained in the Inspectors’ Manual at BIM24795.
donator Person who donates something, though the word donor is more
generally used.
DORA Defence of the Realm Act 1914. It imposed severe wartime restrictions.
dormant account An account in a bank or building society which has not been used by its
owner for at least 15 years. Many such accounts are in the names, or
false names, of individuals long dead and whose descendants cannot be
traced.
Under Dormant Bank and Building Society Accounts Act 2008,
these dormant accounts may be taken and used to improve youth
services. A rightful owner may claim the funds at any time.
dormant company Company which still exists but is not trading. Such a company is
generally exempt from audit (Companies Act 2006 s480).
dormie Person who has already achieved enough to win even though the game
or contest has not finished. The term literally means a sleeper in
allusion to the fact that the person will win even if he now falls asleep.
[The term is widely used in golf.]
double (1) Twice as much or twice as many. Unlike the number 3, there is no
distinction as between treble and triple as the latter equivalent of
“duple” has largely fallen from use.
The word has acquired many specific meanings, of which the more
relevant are noted below.
(2) Produce twice as much money, such as in terms of turnover, profit
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or winnings.
(3) Perform two roles, particularly in the performing arts. This includes
acting two parts in a play or playing two instruments in an orchestra.
(4) Description of any activity that requires two people, as in double act
or doubles game.
(5) Combined bet on two races where any winnings on the former are
staked on the latter.
(6) Coin worth ⅛ of an old penny, once issued in Guernsey.
double assessment When income has been assessed to tax twice. Under Taxes
Management Act 1970 s32, an appeal may be made to reduce the
amount of the duplicate charge.
double auction Auction in which bids and offers compete. An example is the outcry
where buyers and sellers shout the price at which they are prepared to
trade.
double cab pick-up Type of vehicle which is a hybrid of car and van. HMRC has produced
a list of which models are regarded as cars or vans in their manuals with
effect from 6 April 2002. The classification of such a vehicle for VAT
also determines its treatment for income tax if one is provided for use
by an employee.
double charge To charge a person either twice or to charge them once at twice the
price. The former is usually a criminal offence.
double check To check something twice, where each check is independent of the
other.
double counting Including an item twice when it should only be included once.
In tax, the term is used in connection with certain loss reliefs
(Income Tax Act 2007 s63).
double death duties Situation that existed in the early decades of 20th century where an
estate in Ireland could be subject to death duties twice. This was
relieved by Government of Northern Ireland Act 1920 s28 and Irish
Free State (Consequential Provisions) Act 1922 s5. The former Act was
repealed on 2 December 1999 as no longer needed, but the latter
provision remains in force.
double-decker bus Unofficial measure of length, even though this is not fixed under
transport law.
Most UK double-deckers are between 9.5 metres (31 feet 2 inches)
and 11 metres (36 feet 1 inch) long. Some three-axle buses are 12
metres (40 feet) long. The maximum permissible if 15 metres (49 feet 3
inches).
double deduction When a claim is made twice for the same expenditure.
This can arise when there is a change of accounting basis, such as
from accrual accounting to cash accounting. HMRC maintains that a
second deduction is not permissible.
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double florin British coin minted between 1887 and 1890 with a face value of four
shillings. It was overlooked when pre-decimal currency was
demonetised and therefore remains legal tender for 20p.
double groat Old silver coin minted in the reign of James VI of Scotland (1601-04)
worth eight old pence.
double grossing up Requirement that can arise under inheritance tax when the residue of an
estate is shared between exempt and non-exempt beneficiaries (such as
a charity). The procedure is required by Inheritance Tax Act 1984 s38
and is explained in the inspectors’ manual from IHTM26152. The
matter was considered in the case re Benham Will Trust [1995] STC
210, and again in the case re Ratcliffe [1999] STC 262.
The issue relates to who bears the liability for IHT when a legacy is
said to be after tax or net of tax, and also how much tax is paid.
double indemnity Payment of twice the policy normal benefit for specific kinds of losses
under certain conditions. Such a provision is sometimes contained in
life insurance for such eventualities as accidental death.
double insurance When a property is insured with more than one insurer and, in
consequence, the property has total insurance greater than its value.
The general rule is that the insured may claim against the policies in
whatever order he wishes, provided the total claim does not exceed the
value. This is specifically stated in Marine Insurance Act s32(2).
double manning Having two people to do a job. This may arise because:
● the job itself requires two people such as because of the
weight to be carried or the need to be in two places at once;
● the need for there to be a witness or second opinion:
● one person could be at risk, such as from violence;
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double option Combination of a put option and a call option where neither may be
sold separately.
double taxation relief Relief from UK income tax or corporation tax when the income has
already been taxed in another country.
The terms are usually governed by a double taxation agreement. If
not, the taxpayer may be able to claim unilateral relief.
double tenth This and similar taxes of various amounts were voted by Parliament to
Henry V between 1415 and 1421 to fund the Battle of Agincourt.
double time Rate sometimes paid for working overtime. It is twice the employee’s
normal hourly rate.
double witching Date when two derivatives expire together. It creates a period of
volatility.
doubtful debt Amount of debts the company expects not to be paid but has not
written off in its accounts.
It should be noted that a doubtful debt is still included with debtors
but with a provision. The provision is subtracted from the value of the
debts when determining the value of current assets.
If the debt is actually written off, it is called a bad debt. The
company then no longer records that as a sum owing to it, even though
the debt may still be legally payable.
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douceur French term taken into English to mean a gratuity for a service
promised or rendered.
Dow, Charles H American economist (1851-1902) who helped to establish the Dow
Jones index.
dowager Term used to describe a titled widow to distinguish her from her son’s
wife who may have the same title. Originally the term meant a widow
who has an endowment to maintain her.
dower-house Old term for a property provided to a widow when her husband’s estate
has passed to his son or other heir.
down and out Colloquialism which has various meanings. These include “blatant” as
in a “down and out lie”, and a term (usually hyphenated) for a vagrant.
downhill Direction of travel which is down a gradient. The term is used for any
situation which is deteriorating, such as when the graph of performance
looks like a hill going down.
Downing Street London Road where the prime minister lives, and is thus seen as a
euphemism for the executive of the government.
Dow Jones index Main stock market index of the USA. It is their equivalent to the FT-SE
100 index.
The index was established by two American economists, Charles H
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downsizing (1) Human resources euphemism for reducing the size of the workforce.
(2) Moving from a larger home to a smaller one to raise funds.
down time Period when production stopped, such as because of a strike or machine
breakdown.
drachma Currency of Greece until it adopted the euro in 2002. It was divided
into 100 lepta. The plural is either drachmae or drachmas.
dramatis personae Latin: characters in a play or story. The term is sometimes used in
tribunal or court judgments when listing the people involved.
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drawback goods “Goods in the case of which a claim for drawback has been or is to be
made” (Customs and Excise Management Act 1979 s1(1)).
drawback system One of two methods by which Customs administers inward processing
relief. The other is suspension system.
Under the drawback system, the duty is paid and then refunded
when the goods are re-exported.
drawer (1) Person who draws a bill of exchange or draws funds from an
account.
(2) Part of a desk.
drawing account Account that record how much profit has been withdrawn by a sole
trader or partner.
For tax purposes, this is not allowed as an expense and is generally
ignored, as the trader or partners is taxed on the whole profit and not
just on the amount that is drawn out.
drawing rights Right to draw funds. The term was particularly used by the
International Monetary Fund for special drawing rights which had the
status of a currency.
drawings Cash taken for personal use, in sole trader or partnership business,
treated as a reduction of ownership interest.
Drawings are not allowed as a taxable deduction, and must be
added back to taxable profits.
drawings account In a partnership, account which shows how much has been drawn by
each partner.
draw straws To select at random. Strictly the practice is people each draw a straw
from the fist of a neutral person. One straw is significantly shorter than
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dread illness insurance Insurance policy against contracting certain illnesses. It is sometimes
called a critical illness insurance policy or a dread disease policy.
driving licence Document which authorises a person to drive a motor vehicle. The
document is also widely used as an identity document.
In Great Britain, licences are issued by the Driver and Vehicle
Licensing Agency (DVLA).
drop-dead fee Fee paid by a person or company that is bidding for another company.
The fee is paid to the would-be lender if the bid fails and the loan is not
required.
drop lock Bond which is issued with a variable rate of interest, but which
becomes a fixed rate if an index or rate falls below a predetermined
figure on a set date. The fixed rate is known as the trigger and the date
is the coupon reset date.
droplock bond Floating rate bond which converts to a fixed rate of interest if interest
rates fall to a predetermined rate.
drugs Many drugs are banned from personal import to the UK and are liable
for seizure by Customs. These include heroin, morphine, cocaine,
amphetamines, barbiturates, LSD and cannabis.
Non-prescription drugs may be imported freely. Prescription drugs
and controlled drugs may usually be imported in quantities sufficient
for 15 days’ supply. Further guidance is given in Customs notice 4.
Use and supply of illegal drugs are criminal offences under Misuse
of Drugs Act 1971 and other law.
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Drugs Freefone Hotline Number that may be called to give Customs confidential information
about drug smuggling. The 24-hour number is 0800 595000.
dry goods buyer In marketing, term for a person who simply places orders as he is
instructed to do. A sales person usually spends little time with such a
buyer and looks elsewhere in the organisation to find buying
influences.
dry inch Unit of measure used to calculate the freight charge for canal barges,
where goods are charged at so much per ton per mile, the ton mile.
The weight of the cargo is determined by putting a long ruler into
the water at four points round the barge, and counting the average
number of dry inches to see how far the boat had sunk in the water.
Each boat was calibrated when built using standard weights. Cargo
weights could subsequently be determined by reading from a chart.
Typically each extra ton caused the barge to sink another inch.
dry natural gas Natural gas after removal of liquefiable hydrocarbons and most non-
hydrocarbon gases.
DSMEG Duty Suspended Movements of Excise Goods - the Excise Duty Points
(Regulations 2001).
DTI community Direct Trader Input community an arrangement where traders using
Direct Trader Input (DTI) transmit data to the Customs entry processing
system via one of the community linked networks.
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DTI system Direct Trader Input system, a Customs-based trade computer system
that supports a network of trade users and provides Human Computer
Interface (HCI) and Electronic Data Interchange (EDI) access to the
Customs Handling of Import and Export Freight (CHIEF) system.
Inventory systems are usually associated with a Direct Trader Input
system (DTI system).
DTI-CHIEF Direct Trader Input, an arrangement under which traders can input data
from their own computer terminals to the Customs Handling of Import
and Export Freight (CHIEF) system via a Trade System Operator.
DTLR Department for Transport Local Government and the Regions, a former
UK Government department. Its powers were transferred to the
Department for Transport (DFT) and Office of the Deputy Prime
Minister (ODPM).
dual capacity system System of trading where stockjobbing and stockbroking are performed
separately. This system operated on the London Stock Exchange until
Big Bang in October 1986.
dual listing Description of a share or other security listed on more than stock
exchange.
dual motive transaction Transaction undertaken for more than one objective. This can determine
whether a transaction is trading, as explained in the Inspectors’ Manual
at BIM20410.
dual pricing Description of product or service to which different prices are charged
depending on the market in which it is sold.
dual purpose expenditure Spending which is for both business and personal use. Such items have
several specific tax provisions.
Where expenditure is incurred on such items, the whole expenditure
is usually disallowed as it does not meet the “exclusively” requirement
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dual residence State of being resident in more than one country at a time.
dual resident settlement Capital gains tax provisions are given in Taxation of Chargeable Gains
Act 1992 s88.
dual resident trustee Capital gains tax provisions are given in Taxation of Chargeable Gains
Act 1992 s84.
dual running Operating two systems side by side as a means of moving from one
system to another. It is also known as parallel running.
ducat For VAT, gold investment coin issued by Austria and listed in VAT
notice 701/12A.
duck (1) For VAT, ducks for eating are zero-rated, but ornamental birds are
standard-rated.
VAT leaflet 701/15 states that the former includes Aylesbury,
Campbell, Indian Runner, Muscovy, Pekin and derivatives and
crossbreeds of these.
(2) In cricket and colloquially, a score of zero.
due date Date by which a payment should have been made, particularly of tax.
due regard Required amount of attention to a matter. Failure to pay due regard,
particularly in the areas of employment discrimination, can lead to a
claim against the employer.
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dummy UTR Unique tax reference (UTR) number which could be issued to a UK-
resident partner before 31 January 2009 to allow the partnership’s tax
return to be completed on time when the proper UTR is not known.
dump code Code for items for which there is no other code. In an EPOS system,
this will be for an item which is sold for which no barcode has been
allocated, such as if a display item is sold. For VAT purposes, there
must be one dump code for each rate of VAT.
dumping Process of selling goods very cheaply. This is done either to be rid of
excess stock or to kill off competition to capture a market.
A Customs duty known as anti-dumping duty may be imposed to
protect a domestic market from unfair foreign competition.
duration gap Difference in the life between assets and liabilities. This is also known
as an asset liability mismatch. If the life of assets exceeds that of
liabilities, the duration gap is positive.
The term is commonly used by banks, pension funds and similar
financial institutions to measure their risk to changes in interest rates.
example would be a bank that only accepted deposits for a fixed period
of one year, and only lent money for a fixed period of one year.
DUS Distinct, uniform and stable. The three conditions required for plant
variety rights.
dust Slang term for money, based on the moral view that ultimately all
money is worthless.
Dutch auction Auction where the price is successively reduced for each bid, and where
the purchase is the first person to bid.
Dutch bargain Agreement settled over a drink, from the traditional reputation of the
Dutch as drinkers.
Dutch treat Meal or other occasion where every participant pays their own bill.
dutiable alcoholic liquor Alcoholic liquor which comes within the scope of spirits, beer, wine,
made-wine or cider (Alcoholic Liquor Duties Act 1979 s1(1)).
dutiable gaming Gaming for which a licence under the Gaming Act 1968 is required;
gaming that may be considered by the Gaming Board to be outside the
scope of the Gaming Act 1968 (for example a casino on a ship sailing
in inshore waters); and unlawful gaming.
dutiable goods Other than for dutiable or restricted goods means “goods of a class or
description subject to any duty of customs or excise, whether or not
those goods are in fact chargeable with that duty, and whether or not
that duty has been paid thereon” (Customs and Excise Management Act
1979 s1(1)).
dutiable pool bets Bets made in pool betting and which are therefore subject to pool
betting duty. This does not include pool betting on horse racing or dog
racing, nor on bets for community benefit.
duty and tax Customs duty, Common Agricultural Policy (CAP) charges, excise duty
and VAT, as applicable.
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duty free shop Shop at an airport on a ship where duty free goods may be purchased.
duty paid Description of goods where a duty has been paid, particularly when an
excise duty has been paid which is lower than the duty otherwise
payable in the UK.
duty paid fuel Oil for use in vehicles on which hydrocarbon oil duty has been paid
(Customs notice 75). With a few exceptions, it is an offence to use other
oil in vehicles.
duty paid terminal Oils terminal where all of the oils in storage have borne excise duty.
duty point The time and place where excise duty becomes payable.
duty representative A person authorised and registered by HM Customs and Excise to act
as an agent for non-UK owners of excise goods who wish to deposit
goods in a UK excise warehouse.
duty stamp Adhesive label or equivalent mark which shows that a duty has been
paid.
Such stamps had largely disappeared by 1 April 2006 when they
were revived for bottles of spirits.
duty suspended Status of excisable goods that are subject to duty but where the law
does not require duty to be paid yet.
Duty-Suspended Installation
A warehouse, where oils are stored in Duty Suspension before delivery
to home use. These are normally attached to the producer's premises, or
are import warehouses. These premises used to be referred to as
Bonded Warehouses.
duty to secure In relation to seized property, the duty to ensure that the property is not
examined, copied or put to any use other than with the consent of its
owner or the court (Criminal Justice and Police Act 2001 s61).
D&V Diarrhoea and vomiting. Common abbreviation for sick notes (HMRC
leaflet E14).
dwt Pennyweight.
Dyzemas Day Old term meaning day on which tithes are to be paid.
E
E (1) For council tax, the band immediately above the average band. It
applies for properties with these values:
• in England, between £88,001 and £120,000 in 1993
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E&B Ellis and Blackburn’s Reports, law reports of the Queen’s Bench of the
High Court from 1851 to 1858.
E&F Error and Fraud. Term used in setting targets for tax credit
management.
ea Abbreviation of each.
each way In investing, commission earned by a broker on both the sale and
purchase of a security.
Earl of Oxford’s case Court case from 1615 which established that the principles of equity
prevail over common law.
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early bargains In trading securities, a deal which is agreed before the relevant
exchange has officially opened for business.
early childhood services Term used in Childcare Act 2006 s2 means various provisions to assist
the parent of a young child up to the age of four.
early exercise Provision in an option which allows the owner to exercise it at any time
before its expiration date.
early leaver Someone who leaves an employment before retirement. The term is
often used in connection with rights under an occupational pension
scheme.
An early leaver may leave their accrued benefits in the scheme and
become a deferred member. This means that the deferred member will
receive a pension based on those contributions when the member
eventually retires, in addition to any other pensions.
Alternatively, the early leaver may transfer the benefits to another
pension scheme, such as one run by the new employer. This is usually
done by calculating a figure for “years’ service”. If the two schemes are
identical in benefits provided, n years’ service in one scheme should
buy n years’ service in the new scheme. If there are differences, the
transfer may result in more or fewer years’ service.
If an employee leaves within two years of joining the scheme, there
is a third alternative of having a refund of the employees’ contributions
less 20% income tax. No sum is refunded in respect of the employer’s
contributions.
early redemption Redeeming a mortgage or policy earlier than the agreed date. Most such
policies impose a financial penalty for doing so or offer a lower return.
early retirement Retirement before normal age; usually as a way of making older
employees redundant.
early years register Register kept of everyone who provides early childhood service
(Childcare Act 2006 s32(2)).
earmarked reserves Money set aside for a specific purpose, such as for a specific objective
by a charity or other non-commercial body. The term more generally
used is designated funds.
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earned income Income which is regarded as neither tax-free nor unearned for the
purposes of income tax.
This distinction has become of little importance since the abolition
of investment income surcharge on 6 April 1984.
Earned income includes salaries, trading profits, income-
replacement benefits and similar items.
earned premium The portion of an insurance premium for which protection has already
been provided by the insurer.
earner For national insurance, someone who has earnings (Social Security
Contributions and Benefits Act 1992 s3(1)(b)).
earnings arrestment One of three forms of arrestment of earnings which may be awarded
by a Scottish court. The other two are current maintenance arrestment
and conjoined arrestment.
The court states a total amount to be collected. Tables are produced
determining how much must be collected from each payslip until the
total has been reached. The employer is entitled to deduct a further £1
for himself to cover the administrative costs.
earnings cap From 1989 to 2006 there is an upper limit on the amount of salary that
can be taken into account when calculating pensions arising from and
contributions payable under an approved arrangement.
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earnings factor (EF) Figure used to determine eligibility for contributory social security
benefits.
It is broadly the earnings on which classes 1, 2 or 3 have been paid
or are treated as having been paid. For class 1 only earnings up to the
upper earnings limit are counted.
(Social Security Contributions and Benefits Act 1992 s22).
earnings limits For national insurance, the lower earnings limit, primary threshold,
upper earnings limit and secondary threshold (Social Security
Contributions and Benefits Act 1992 s5(1)).
earnings per share The amount of net profit earned by the company for each issued
ordinary share.
It is calculated as earnings for ordinary shareholders divided by
the number of shares which have been issued by the company.
earnings-related supplement
An addition to unemployment benefit and some other social security
benefits paid before 3 January 1982 if a claimant’s previous income had
been sufficiently high. There was a short transitional period to 30 June
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earnings replacement Social security benefit which is designed to replace income, such as
jobseeker's allowance or statutory maternity pay.
earnings retained Another term for retained profit, though possibly more precise. It
refers to the amount of net profit after dividends and taxation which a
company keeps to fund further trading activities.
earnings threshold Amount of earnings above which an employee and employer become
liable to pay class 1 national insurance.
earnings yield Money earned as dividends per share expressed as a percentage of the
share’s current market price.
earn-out agreement Method of paying for the acquisition of a business where part of the
price depends on future performance.
Typically such an agreement comprises an amount paid on
acquisition with a further sum if a defined condition is met. This usually
relates to profits or sales for an initial period, often three years. Such
arrangements are most common in businesses which depend on people
rather than fixed assets, such as advertising agencies.
ease Become less tight. In financial terms, this usually means a small
reduction.
easement Right enjoyed by the owner of land to a benefit from other land.
easy money policy Government policy of making money easy to borrow as a means of
expanding the economy.
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EC certificate of conformity
In relation to taxation of company cars means “a certificate of
conformity issued by a manufacturer under any provision of the law of
a Member State implementing Article 6 of Council Directive
70/156/EEC, as amended” (Income Tax (Earnings and Pensions) Act
2003 s171(1)).
economic appraisal Method of capital budgeting that uses discounted cash flow.
can be shown to have economic benefits such as the saving of lost days
at work and the provision of health treatment. Such benefits are often
calculated by an economic appraisal.
economic cannon fodder People considered of little economic worth and who may therefore be
regarded as more expendable in war. Such terms have become
unacceptable from the 1970s.
economic costs In economics, the projected costs of a particular course of action. The
term is particularly used when finance is not a primary motive in the
action. It is therefore common in the public sector.
The term is distinguished from financial costs in that the former
does not include transfer payments. For example, the economic cost of
building a hospital would exclude taxes paid back to the government.
economic cycle Period during which trade expands and contracts before starting to
expand again.
economic exposure The possible effect on a business of economic factors, such as how a
company’s trade will be affected by inflation or interest rates. For a
company selling overseas, economic exposure also includes the effect
of exchange rate variations.
economic forecaster Person who gives an opinion of how they believe the economy will
perform.
economic model Plan of a country’s economic system from which outcomes may be
determined for different scenarios.
economic rent Economic rent is the difference between what a factor of production is
earning (its return) and what it would need to be earning to keep it in its
present use. It is in other words the amount a factor is earning over and
above what it could be earning in its next best alternative use (its
transfer earnings).
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economic resources In relation to terrorist assets, means “assets of every kind, whether
tangible or intangible, movable or immovable, but which are not funds
but can be used to obtain funds, goods or services” (Terrorist Asset-
Freezing etc Act 2010 s39(2)).
economic value added Measure of how much a process or stage has added to the value of
something, as a means of comparing this with the cost of that process or
stage.
economic warfare Policies against an enemy designed to force them to surrender. The
policy involves destroying and blocking essential supplies.
economics Study of the production, distribution, selling and use of goods and
services, and their effect on the national economy.
economies of scale Economies of scale occur when larger firms are able to lower their unit
costs. This may happen for a variety of reasons. A larger firm may be
able to buy in bulk, it may be able to organise production more
efficiently, it may be able to raise capital cheaper and more efficiently.
All of these represent economies of scale.
economies of scope Saving costs by making several products at the same time.
economy of truth When statements give an untruthful representation of the facts even
though every word and figure is itself true.
The expression was used when sentencing company chairman Lord
Kylsant in the Royal Mail Steam Packet case of 1931.
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EC type-approval certificate
In relation to taxation of company cars means, “a type-approval
certificate issued under any provision of the law of a Member State
implementing Council Directive 70/156/EEC, as amended” (Income
Tax (Earnings and Pensions) Act 2003 s171(1)).
ECU European Currency Unit. This was renamed the euro when it became
a real currency. An ecu is, coincidentally, also the name of an obsolete
French coin.
ED Exposure draft
Edge Act American law passed in 1919. It allowed banks to set up edge
corporations to carry on international trade and investment activities.
edge corporation
Edwards v Bairstow Leading case setting out the limited grounds on which a court may
overturn a Tax Tribunal’s or Special Commissioners’ decision on a
point of fact.
The term comes from the House of Lords’ decision in Edwards v
Bairstow [1955]. This related to whether a single adventure could be
taxed as a trade. Generally the Tribunal’s or Commissioners’ decision is
final on a point of fact, so only a point of law may be appealed to the
courts. In Edwards v Bairstow, the Lords ruled that a point of fact could
be appealed where “the true and only reasonable conclusion contradicts
the determination”. In other words, the finding of fact was perverse.
EEA accounting period “A period for which an EEA related company has a loss of other
amount” (Corporation Tax Act 2010 s112).
EEA agreement means the agreement on the European Economic Area signed at
Oporto on 2nd May 1992, together with the Protocol adjusting that
Agreement signed at Brussels on 17th March 1993, as modified or
supplemented from time to time.” (Interpretation Act 1978 Sch 1).
EEA amount Figure that may be used in claiming loss relief by a non-UK resident
company or by a company trading in the EEA. The basis of its
calculation is given in Corporation Tax Act 2010 s113(2).
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EEA tax loss condition Conditions that must be met to claim loss relief (Corporation Tax Act
2010 ss115-120).
effective annual rate Average interest paid on a deposit over 12 months expressed as a
percentage of the principal at the beginning of that period.
effective date Date on which some provision takes place, such as when an accounting
standard takes effect or when insurance cover starts under a policy.
effective exchange rate Rate of exchange of a currency against a basket of other currencies.
effective interest rate The rate that exactly discounts estimated future cash payments or
receipts through the expected life of the financial instrument.
effective price Price which has been adjusted to make it comparable, particularly a
share price adjusted to reflect a rights issue.
effective rate Rate of tax that is actually paid after allowing for an adjustment from
the headline rate. For example, the headline rate of income tax for a
higher rate taxpayer is 32.5%, but the effective rate is 25%.
effective yield Actual yield on a share or similar security after adjustments have been
made to make the yield comparable.|
efficient frontier In investment, the point at which a diversified portfolio achieves the
maximum return for the investor’s defined risk.
EFTA (1) European Free Trade Association, members of EFTA are: Iceland;
Norway; Liechtenstein and Switzerland. With the European Union,
they form the European Economic Area.
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EGLR Estates Gazette Law Reports, a series of law reports first published in
1975.
EIC Excise and Inland Customs - also referred to as Excise and Inland
Customs (E&IC).
E&IC Office Excise and Inland Customs Office - also referred to as Excise and
Inland Customs (EIC).
Eighth Directive An EU directive which deals with auditors and company accounts.
eik Old term for a supplement to a document. The word is used in Stamp
Act 1870 s93, but has now disappeared from use.
Eileen Trust Trust established to provide ex gratia help to people who have been
infected with HIV through contaminated blood or blood products used
in the NHS.
Such payments are disregarded when determining payments of
means-tested social security benefits. They are also exempt from
income tax. Such payments are now made by MFET Ltd.
who denies.
EIS relief Tax relief under the Enterprise Investment Scheme. This term is used in
Income Tax Act 2007 s131 and is defined in s151 and s156.
elected representatives The extent to which their overnight expenses are tax-deductible is set
out in Income Tax (Earnings and Pensions) Act 2003 s293.
electrical systems For capital allowance purposes, is treated as an integral feature, which
means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
electricity interconnector Part of an electrical line or plant which connects a place in Great Britain
to another country or territory (Electricity Act 1989 s4(1)). Such an
interconnector must be licensed.
electronic communication
Sending documents by e-mail and similar means.
In company law this method may be used to send information to
members under the provisions of Companies Act 2006 s333.
electronic conveyancing Conveyancing of land using electronic filing. Provisions are found in
Land Registration Act 2002 ss91-95.
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electronic signature In coins, the electronic reading which a vending machine can make to
establish that the coin is genuine.
elephant hunt When a local authority or similar body looks for a large business to
move into an area to stimulate the economy. This may be encouraged
by tax reliefs and other incentives.
eligibility date The date at which an individual becomes eligible for benefits under an
insurance policy or similar financial policy.
eligibility declaration Statement that a charity must make confirming that its services are
eligible for VAT relief as set out in VAT notice 701/1.
eligibility period Period during which potential members of a group insurance scheme
may join without evidence of insurability.
eligibility requirements Requirements imposed for eligibility for coverage, usually in a group
insurance or pension plan.
eligible employees Employees who meet the eligibility requirements for insurance set out
in a group policy.
eligible list List of banks entitled to discount acceptances at the Bank of England.
eligible paper (1) Any first-class security which is acceptable to the Bank of England.
Examples include Treasury bills and short-dated gilts.
(2) In USA, acceptances by American banks for rediscounting by the
Federal Reserve system.
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eligible reserves In USA, cash held in an American bank plus its reserves held at the
Federal Reserve Bank.
embedded derivative When a financial derivative is part of a contract, including one for
another financial derivative.
embedded value (EV) Accounting method used for life insurance business. It is basically
measures profit as net assets minus present value of future cash
outflows.
emergency “Means:
(a) an event or situation which threatens serious damage to human
welfare in a place in the United Kingdom,
(b) an event or situation which threatens serious damage to the
environment of a place in the United Kingdom, or
(c) war, or terrorism, which threatens serious damage to the security
of the United Kingdom” (Civil Contingencies Act 2004 s1(1) and
s19(1)).
emergency Budget Term used for the Budget of 22 June 2010, six weeks after the coalition
government was formed after the General Election, and three months
after the previous Budget by the outgoing Labour government.
emergency card Original name for the PAYE procedure now known as emergency
code.
emergency code Tax code used under the PAYE system when no other code has been
provided by an employee or the tax office, and the employee is not
subject to BR or 0T codes. The code is the equivalent of the personal
allowance for that year on a week 1 basis.
s1).
The order lasts for no more than one month but may be renewed. It
may not be used to outlaw a strike.
emergency regulations Orders made in council under Civil Contingencies Act 2004 s20 to deal
with an emergency.
emergency regulations Regulations made by Parliament under Emergency Powers Act 1920 s2
when a state of emergency has been declared.
emergency vehicle A vehicle which is used to respond to emergencies and either has a
permanent flashing light fixed or has facility for one. An employee who
is provided with such a vehicle as part of his job may avoid the charge
to income tax on a company car (Income Tax (Earnings and Pensions)
Act 2003 s248A).
This provision applies from 6 April 2004.
emergency worker Person whose job is to deal with emergencies. It is a criminal offence to
obstruct such a person under Emergency Workers (Obstruction) Act
2006. There are similar provisions in Scotland under Emergency
Workers (Scotland) Act 2005.
The Act defines such workers as fire fighters, ambulance staff,
coastguard, and lifeboat crew.
emerging markets Financial markets which are still in any early stage of development,
such as those of Asia and Eastern Europe.
emerging markets debt Debt instruments from emerging markets. They are usually
denominated in US dollars.
emolument “The payment that is made for work that has been done including
salary, bonuses and some other forms of benefit in kind” (HMRC
inheritance tax glossary).
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emoluments Collective term for all pay, wages, benefits, fees received, particularly
by a director.
The term originally meant that which came from a mill.
emoluments therefrom Term used in Income and Corporation Taxes Act 1988 s19(1) in
relation to Schedule E income. The term has disappeared following
Income Tax (Earnings and Pensions) Act 2003, of which s10(3) instead
refers to taxable specific income.
Notwithstanding this repeal, the term is still referred to in the
inspectors’ manual at EIM00600 in relation to the tax position that
earnings are not taxable unless they are from the employment. This
principle was clearly set out in the case Laidler v Perry [1965] where
Lord Reid said, “did this profit arise from the employment? The answer
will be no if it arose from something else”.
empanel Create and swear in a jury or a similar body. The term comes from the
old practice of writing the names on a piece of parchment called a
panel.
employ Engage someone for paid work where there is a master and servant
relationship.
employé Old word for employee, taken from the French. The form “employee”
was originally a female employee. This distinction is now lost.
employed earner For national insurance, “means a person who is gainfully employed in
Great Britain either under a contract of service, or in an office
(including elective office) with general earnings” (Social Security
Contributions and Benefits Act 1992 s2(1)(a)).
employee benefit Benefits offered to an employee by an employer and usually paid for at
least in part by the employer. Life, Health and Critical Illness insurance
obtained by an employer on a group basis are examples of employee
benefits.
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employee involvement Human resources term for any arrangement whereby employees may
provide input into how the organisation is run.
employee loyalty Sense of commitment which staff feel toward their employer.
employee representatives Employees who are elected by their colleagues to negotiate with the
employer in lieu of a trade union. Their election is covered by Trade
Union and Labour Relations (Consolidation) Act 1992 s188A.
employee trusts A tax-advantaged trust where an employer can provide shares in itself
for the benefit of employees.
A donation to such a trust is exempt from inheritance tax
(Inheritance Tax Act 1984 s28).
employer CD-ROM Compact disc sent free by HMRC to all employers who are registered
for PAYE.
The scope of the CD has improved with successive years. It now
contains all the tax tables, forms, guidance, tutorials, calculators and
other support the payroll department can need. The one function the CD
does not have is calculation of payslips and recording of payroll data
for which a commercial package is still needed.
Employment Acts Laws passed at various times to regulate trade unions and other matters
relating to employment.
employment agency Organisation which finds work for its clients, either as a temporary
employee or as a permanent placement.
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employment E Term used in Income Tax (Earnings and Pensions) Act 2003 s188 in
relation to the taxation of an employment-related loan that is released
or written off.
employment-related benefit
“Means a benefit, other than an excluded benefit, which is provided in
a tax year —
(a) for an employee, or
(b) for a member of an employee’s family or household,
by reason of the employment”
(Income Tax (Earnings and Pensions) Act 2003 s201(2)).
employment-related loan Loan made to an employee or to a relative of the employee and which is
either interest-free or where interest is charged at less than a
commercial rate. It is taxable as a benefit in kind unless the loan is for
less than £5,000.
A full definition is given in Income Tax (Earnings and Pensions)
Act 2003 s174(2).
employment .....
For tax purposes, employment includes;
“(a) any employment under a contract of service;
(b) any employment under a contract of apprenticeship; and
(c) any employment in the service of the Crown.”
(Income Tax (Earnings and Pensions) Act 2003 s4(1)).
empowerment Strategy aimed to give people more control and responsibility for their
work
empty chance Term used by early Greeks and Romans to mean an eventuality
considered so unlikely as not to be worth betting on.
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 537
empty spam Unsolicited e-mail message which seems to have no purpose. It may
include a passage from classical literature.
empty suit Pejorative term for a man who acts in a manner required of him but
makes no contribution to the organisation which engages him.
enabling act Act of Parliament which allows laws to be made by someone else,
usually a government minister.
enabling letter Informal term used for a letter that HMRC to a particular group of
taxpayers, pointing out their responsibilities regarding tax. Such letters
commonly explain common errors, such as not claiming personal
expenditure from business profits.
The letter is not an enquiry into the taxpayer’s affairs, and does not
imply that there is any problem with them.
encouragement award Sum paid to an employee in respect of a suggestion that the employer
does not follow up. A sum of £25 may be paid tax-free (Income Tax
(Earnings and Pensions) Act 2003 s322(1)).
endangered species Plants and animals that are considered to be at risk of extinction. The
exact scope is determined by CITES.
Customs may seize any such plants or animals that are imported
into the UK. This includes goods made from such plants or animals,
even if legally acquired overseas. This includes caviar, ivory, coral,
shells and skins of crocodiles, alligators and snakes.
end-of-day sweep Automatic transfer of all funds in one bank account to another at the
end of each working day. The funds are transferred to an account that
pays interest.
endorsement.
endowment A life assurance policy related to a mortgage designed to pay off the
amount originally borrowed at the end of the mortgage term. An
endowment policy will pay you a fixed amount on a set date or if you
die before that date, in other words it's both a way of saving and life
insurance. People often use endowments to repay interest only
mortgages. The drawback of them is that it is often unclear how much
you are having to pay in charges and the plans are often very rigid, so if
you start an endowment and then decide to cancel it, you might not get
back what you paid in.
endowment assurance Insurance policy where the proceeds are invested in shares and similar.
The proceeds are paid to the insured if he survives to a particular date,
or to his estate if he dies before then.
endowment fund Fund where, generally, only the interest may be spent.
endowment insurance Alternative though less accurate term for endowment assurance.
endowment mortgage Mortgage where the mortgagor only pays interest to the lender, with a
monthly premium for an endowment policy taken out with an insurance
company.
The endowment policy is designed to produce a lump sum either at
the end of your mortgage term or at your death if earlier, to repay the
capital you borrowed. You must remember though that the amount paid
out is not guaranteed and may not be sufficient to repay the capital
borrowed.
enduring Term used in relation to the benefit to be derived from an asset for its
acquisition to be taxed as capital rather than revenue. The Inspectors’
Manual at BIM35901 explains that there is no formal time limit as the
matter must be determined by other criteria. It should be noted that the
life of the benefit is distinct from the life of the asset itself, which must
be at least two years.
end use Arrangements which allow certain imported goods to be declared for
free circulation in the EU at a reduced or nil rate of duty, provided they
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 539
end user Final user of an item. Value added tax is designed so that the ultimate
burden of the tax is borne by the end user.
end use relief Arrangement whereby goods may be imported without payment of
customs duty or at a reduced rate of duty because of the end use to
which the goods will be put.
enemy For purposes of Trading with the Enemy Act 1939 means a country
which is at war with the monarch. The statutory definition is that an
enemy “includes —
(a) all persons engaged in armed operations against any of Her
Majesty’s forces or against any force co-operating with any of Her
Majesty’s forces;
(b) all pirates; and
(c) all armed mutineers, armed rebels and armed rioters”
(Armed Forces Act 2006 s374).
enemy alien A citizen of a country with whom Britain at war. The term has the same
meaning as enemy subject.
An enemy alien cannot make a valid contract in the UK, and any
extant contract at the start of the war is suspended. An enemy alien
cannot inherit property.
Under Finance Act 1944 s42 and Sch 4, whoever holds property
than an enemy alien would otherwise inherit must accounted for estate
duty on it. This law remains in force.
enemy debt Debt owed to a country with which the UK is at war or owed to a
person or business resident or controlled by such a country. Such debts
are paid to custodians of enemy property under Trading with the Enemy
Act 1939 s7.
enemy debts Debts incurred by an enemy subject between 1 April 1939 and 31
December 1946 which were written off. There remains a special tax
provision under Finance Act 1950 s39.
enemy territory “Any area which is under the sovereignty of, or in the occupation of, a
Power with whom His Majesty is at war, not being an area in the
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Leach’s tax dictionary as at 15 June 2011, page 540
energy In terms of fuel poverty, means gas or electricity or both (Energy Act
2010 s29(5)).
energy costs Amounts spent on electricity, gas and other forms of energy.
These are generally deductible from profits assessable to income tax
or corporation tax.
energy drinks For VAT, these are generally zero-rated as food, though there are some
exceptions as set out in VAT notice 701/14.
energy shares Shares in companies which provide energy, such as gas, electricity and
oil companies.
energy-saving item Expenditure which qualifies for a special allowance for corporation tax
under Income and Corporation Taxes Act 1988 s31 as inserted by
Finance Act 2007 s17.
The scope of what comprises such an item is given in Treasury
regulations.
Energywatch Popular name for the Gas and Electricity Council which is abolished
by Consumers, Estate Agents and Redress Act 2007 s30 and replaced
by the National Consumer Council.
enfant terrible Moral or social nuisance. The word literally means a terrible child.
enforced retirement When an employee is required to retire even though he or she may not
wish to.
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engagement team In auditing “any person who is directly involved in the audit” (APB ES
1 para 16(a)). This comprises “
(i) the audit partners, audit managers and audit staff;
(ii) professional personnel from other disciplines involved in the
audit (for example lawyers, actuaries, taxation specialists, IT
specialists, treasury management specialists);
(iii) those who provide quality control or direct oversight of the
audit”.
English shilling Particular design of shilling minted from 1937, but legal tender
throughout the UK.
Englishman’s castle Poetic term for an English home, so-called because a bailiff does not
have the right to break into it when closed.
enhanced loss relief Loss relief for businesses where a loss earned in a year may be offset
against taxable profits for previous years. It was introduced in 2008.
enlarge an estate Increase the scope of an estate, particularly for land, such as when a life
tenant buys out the rights of a remainderman.
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Leach’s tax dictionary as at 15 June 2011, page 542
shareholders.
en pension French term used to describe a person paying for his board and lodging.
enquiry window Period in which the tax authorities may enquire into a tax return.
The period is usually 12 months. For corporation tax this runs from
when the return is received by HMRC; for income tax and capital gains
tax this runs from the due date.
HMRC may enquire after this date if fraud or negligence is
suspected, or where sufficient information has not been disclosed on the
tax return.
enrol A term used for the process of enrolling for VAT Online Services. Once
a trader has signed up for VAT Online Services he enrols by providing
information about his business.
entered for home use Term used for purchase tax in relation to goods intended to be
consumed or used in a normal home.
Entered premises Premises and plant, pipes and vessels thereon described on an excise
entry delivered to an HM Revenue & Customs (HMRC) officer in
accordance with the Customs and Excise Management Act (CEMA)
1979, sections 108 to 111 or under the Hydrocarbon Oil Regulations
(HOR Regn 3).
entering short When bills of exchange are paid to a banker to receive the amount due.
enterprise zone (EZ) Area of the country where businesses are given special tax and other
incentives to run their businesses.
The first zones came into operation from 11 June 1981 to 21
October 1996. The main tax benefit was a 100% initial allowance for
industrial buildings in the first 20 years. There were some other tax
reliefs that lasted for 10 years.
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Leach’s tax dictionary as at 15 June 2011, page 544
entire contract Contract where each side’s consideration most be wholly performed or
provided. It is not possible for the contract to have partial performance.
entirety doctrine Method used to distinguish between revenue repairs and capital
expenditure for tax purposes. A leading case is Bullcroft Main
Collieries Ltd v O’Grady [1932] 17TC93. The matter is discussed in
the Inspectors’ Manual at BIM35330.
entitled passenger A person travelling by sea or air to a country outside the fiscal/customs
territory of the EU and in possession of a valid transport document.
entitled vessel A vessel with authority from HMRC to receive duty-free stores.
entitlement category Letters on the face of a photocard driving licence which indicate the
categories of entitlement under the European Union directive.
entitlement Something which a person has a right to, however that right arises.
entrepreneurs’ relief Relief that reduces capital gains tax payable on the sale of a business. It
replaced taper relief.
The relief reduces the rate of tax to 10%. It was introduced on 6
April 2008 for an amount of £1m million, and increased to £2 million
from 6 April 2010, and to £5 million from 23 June 2010.
Details of the relief are set out in Taxation of Chargeable Gains Act
1992 ss169H-169S.
[Note that the apostrophe comes after the S.]
entries electronically.
entry clearance “Visa, entry certificate or other document which, in accordance with the
immigration rules, is to be taken as evidence of the requisite evidence
of a person’s eligibility... for entry into the United Kingdom”
(Immigration Act 1971 s33).
entry price The value of entering into acquisition of an asset or liability, usually
replacement cost.
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 546
EOV Existence, ownership and valuation, the three traditional tests for an
auditor checking assets on a balance sheet.
EPU (1) Entry Processing Unit, a HMRC Entry Processing Unit (EPU)
where import, export and duty payment documents are processed.
(2) European Payments Union.
Eq (1) Equity Cases, a series of Law Reports published between 1865 and
1875.
(2) Equity Reports, a series of law reports published between 1853 and
1855.
equalisation Any financial provision that attempts to even out larger differences
between accounts, particularly between accounting periods.
equalisation reserve Funds held by an entity for the purpose of reducing large fluctuations
between accounting periods. The reserve is used to top up low figures.
For mutual life assurance business, there is a special tax provision in
Income and Corporation Taxes Act 1988 s444BA.
equality (1) Mathematical status of two quantities being of the same amount.
(2) In law and human resources, the requirement for people to be
treated the same without regard to such factors as sex, race or age. In
this context, equality means “equality between individuals” (Equality
Act 2006 s8(2)).
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 547
equality statement Statement explaining the difference in pay between male and female
employees. Such a statement is voluntary. Plans to make such a
statement compulsory from 2013 were dropped in 2010 on the change
of government.
equal pay Legal obligation to pay women at the same rate as men.
In the UK, the main law is Equal Pay Act 1970 which took effect in
1975 with Sex Discrimination Act 1975. A claim for equal pay is made
by a woman establishing a male comparator who does the some or
equivalent work but is paid more. The employer must either equalise
their pay or justify the difference.
equal pay Teachers were equalised in stages between 1955 and 1961.
equal treatment rule A requirement which every occupational pension must follow, which
requires women to be treated equally to men (Pensions Act 1995 s62).
equal work content Requirement in assembly line work for each task to take the same time
to ensure that there are no bottlenecks or idle time.
equation of time Old term for the difference in time as recorded by a sundial and a clock.
The difference is greatest in November.
equilibrium State of balance in a company or country, where supply and demand are
equal.
equinox Point at which the sun crosses the equator and days and nights are of
equal length over all the world.
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 548
equitable interest Interest in property that is regarded both in equity and common law.
equitable liability Practice that applied until 31 March 2011, whereby HMRC could waive
its right not to pursue tax that was due solely because the deadline to
remedy an excessive assessment had passed. From 1 April 2011, this is
replaced by special relief.
equities analyst Person who investigates and writes reports on ordinary share
investments in companies (usually for the benefit of investors in
shares).
equitable owner Another name for a beneficial owner, namely the beneficiary of a
trust.
equity accounting Method of accounting used in reports in the balance sheet of the parent
or group’s share of the investment in the share capital and reserves of
an associated company.
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quotation. No responsibility is accepted for any errors or omissions.
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equity capital Funding for a business in the form of ordinary shares rather than from
borrowed funds.
equity dilution Reduction in the relative value of a shareholding when new shares are
issued.
equity dividend cover Accounting ratio of distributable profits divided by actual dividends. In
general, the higher the number, the greater the chance of dividend
maintenance.
equity finance Funding for a business by selling shares in it, as against debt finance.
equity gap Amounts of equity needed for a business which are too large for a bank
loan and too small for equity funding.
equity gearing Ratio between a company’s borrowing and its ordinary share capital,
often known simply as gearing.
equity hedge Combination of long holdings of equities with short sales of shares or
share index options.
equity holder Tax term which means someone who is either a shareholder or loan
creditor of a company.
The term is defined in Corporation Tax Act 2010 s158 in terms of
defining who may be part of a group.
equity instrument Document that evidences a holding of equity, such as a share certificate.
equity kicker American term for equity sweetener, which is sometimes used in the
UK. The form is usually an option to buy shares at a preferential rate.
equity-linked notes Financial instruments that involve a guarantee of principal, and a return
based on a basket of equities.
equity-linked policy In insurance, a policy where a proportion of the premiums are invested
in shares. The surrender value of the policy is simply the amount for
which those shares may be sold.
equity method “A method of accounting for an investment that brings into the
consolidated profit and loss account the investor’s share of the
investment undertaking’s results and that records the investment in the
consolidated balance sheet at the investor’s share of the investment
undertaking’s net assets including any goodwill arising to the extent
that it has not been previously written off” (FRS 2 para 8).
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quotation. No responsibility is accepted for any errors or omissions.
Leach’s tax dictionary as at 15 June 2011, page 550
equity multiplier In banking, accounting ratio of total bank equity to total assets.
equity release One of several types of scheme designed to produce money from the
value of a person’s home.
equity release reversion Equity release scheme which involves selling an interest in the person’s
home.
equity share capital Company’s share capital as represented by ordinary shares of any class.
The statutory definition in relation to a company is “its issued share
capital excluding any part of that capital that, neither as respects
dividends nor as respects capital, carries any right to participate beyond
a specific amount in a distribution” (Companies Act 2006 s548).
equity swap Type of interest-rate swap where one party’s payment is related to a
share index, and the other party’s payment attracts a fixed rate of
interest.
equity sweetener Investment incentive whereby those who invest in a business have a
right to buy further shares at an agreed price. It is similar to a
traditional option.
equivalence condition Condition that an EEA amount must meet to qualify for loss relief
(Corporation Tax Act 2010 s114).
equivalent bond yield Means for comparing yields on bonds with money market instruments
that have the same maturity date.
equivalent goods Goods which are exported under the inward processing scheme for
Customs duties.
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Under inward processing, duty is paid when goods are imported for
a process such as assembly or repair. The duty is refunded when the
goods are re-exported. Such goods are known as compensating goods.
If those goods cannot be exported, duty may be reclaimed if identical
goods, known as equivalent goods, are exported in their place.
ER English Reports. This is the citation for most reported court cases
before 1865. They started in 1220.
error or mistake In tax, a reason for asking for a tax assessment to be retrospectively
reduced under Taxes Management Act 1970 s33.
Such a request should be made within five years of 31 January
following the year of assessment.
ERTS Enhanced Remote Transit Shed, a place situated outside the appointed
area of an approved port or airport where non-European Union goods
may be held until they are assigned to a Customs approved treatment or
use.
ESA 220 Linking letter provided to someone who has recently received
employment support allowance. Every new employee should be asked
if he or she has such a letter as this can affect the period of incapacity
of work for which statutory sick pay may be payable.
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Leach’s tax dictionary as at 15 June 2011, page 552
ESA in youth Employment support allowance payable to someone who is under the
age of 25. This relaxes some of the rules on national insurance
contributions for young claimants.
escalation clause Clause in a contract allowing for regular increases, such as in prices.
The clause usually states how these increases are to be calculated, such
as by reference to a prices index.
escape clause Clause in a contract which allows one of the parties to be released from
his obligations if a stated eventuality occurs.
escort officer Civilian who is so designated by a chief officer of police under Police
Reform Act 2002 s38(2).
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ESL European Sales Lists - all businesses registered for VAT that supply
goods to businesses registered for VAT in other EU Member States
must send HMRC lists of their EU supplies. Other Member States use
the information provided on the European Sales Lists (ESL) to ensure
VAT has been correctly accounted for.
essence of the contract Provisions in a contract that are regarded as essential to its
performance.
essential commodity “Means any commodity described in the Schedule to this Act which
may be declared by order of the Board of Trade to be a commodity
which in the opinion of the Board would be essential for the vital needs
of the community in the event of war” (Essential Commodities Reserve
Act 1938 s6).
The schedule lists food, forage for animals, land fertiliser, fertiliser
materials, and petrol.
essential oils For VAT, these are standard-rated as they do not come within the scope
of food (VAT notice 701/14).
establishment fee Fee charged by a lender for the costs or arranging the loan.
estate Term which has acquired different meanings, of which the broadest is
simply everything that a person owns.
For inheritance tax, a person’s estate is defined as “the aggregate
of all the property to which he [the person] is beneficially entitled”
excluding interest in possession trusts, excluded property or foreign
works of art being exhibited in the UK (Inheritance Tax Act 1984
s5(1)).
From 22 March 2006, a person’s estate comprises:
• assets in the sole name of the deceased
• their share of any jointly owned assets
• assets held in a trust in which the deceased had an
immediate post-death interest, or a disabled person’s interest or a
transitional serial interest
• any nominated assets
• assets given away but where an interest has been retained (as
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Leach’s tax dictionary as at 15 June 2011, page 554
estate administration Process of looking after an estate, particularly of a person who has
recently died.
In practice this involves obtaining probate or letters of
administration, disposing of the body, paying legacies, ascertaining and
distributing the residue, and paying inheritance tax.
estate duty The last of the death duties levied in the UK. It was introduced in 1894
under Finance Act 1894 s1. It was replaced by capital transfer tax on
13 March 1975 for transfers on death and on 26 March 1974 for
lifetime transfers, before being replaced by inheritance tax.
Up to 1969, estate duty was charged at a single percentage on the
value of the estate, depending on its size. From 15 April 1969, estate
duty was calculated on the slice basis.
At the time of its abolition, estate duty was charged at 25% for
estates worth at least £15,000, and up to 75% for estates worth
£500,000 or more. Rates had been as high as 85%.
estate planning bond Term for a financial product designed to help a person to avoid tax on
their death. The commonest form is the discounted capital gift.
estimated collection rate The amount of sums owed which the organisation believes it will be
successful in collecting. This term is particularly used for council tax.
estimation procedure A procedure requiring HMRC approval, which allows for the
estimation of the VAT due for an accounting period.
estoppel In law, a rule of evidence which prevents a person from denying that
which he has already admitted.
estoppel by conduct Rule that a person whose conduct has caused another person to believe
in something cannot deny those things believed.
estoppel by deed Rule that a party to a deed may not deny the facts stated in the deed.
estoppel by record Rule that a person may not deny a judgment of a court against him.
estoppel in pais Rule that a tenant cannot deny that someone is the landlord when he has
paid that person rent.
et sequentes Latin: and those following. This is sometime abbreviated to “et seq”.
ET1 form Form used to start a claim before the employment tribunal.
ethanol Alternative name for ethyl alcohol. It has the chemical formula
CH3CH2OH. It is the active ingredient in liquor, and creates a liability
to excise duty and VAT.
ethical investment Shares or similar investments (for example, holdings in unit trusts) in
companies supposed to conform to a particular set of moral or ethical
principles. Different ethical values have led to a proliferation of funds
of this nature with different principles & for example, some will avoid
investing in arms manufacture, and others will avoid tobacco
companies. There is ongoing debate as to whether the following of such
principles adversely affects the investment performance of ethical
funds.
ethics partner Member of auditing firm who is responsible for ensuring compliance
with auditing ethics (APB ES 1 para 21).
EU European Union.
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Leach’s tax dictionary as at 15 June 2011, page 557
eurobond market A market in which bonds are issued in the capital market of one country
to a non-resident borrower from another country.
Eurocheque Cheque which may be cashed at any European bank. The Eurocheque
system is based in Brussels.
Euroclear One of two settlement houses for clearing eurobonds. The other is
Centrale de Livraison de Valeurs Mobilières.
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eurocurrency Any currency used for trading in Europe but outside its currency of
origin. The Eurodollar is the commonest example.
euromarket Market that developed during the 1950s to provide finance for Europe-
wide projects.
Europa website Website that allows a registered VAT agent to check the VAT number
from another EU state. From 1 January 2010, it also allows the name
and address to be checked.
Europe Geographical area to the west of Asia, often taken to extend from
Russia to Ireland. Its exact border is not defined, so there is some
debate as to whether countries such as Israel, Russia and Turkey are
included.
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European travel expenses In relation to MPs’ expenses, “means the cost of, and any additional
expenses incurred in travelling between the United Kingdom and
relevant European location” (Income Tax (Earnings and Pensions) Act
2003 s294(2).
euro symbol The sign €, which is placed before the number to indicate an amount in
that currency.
euroyen Japans yen deposited in a European bank for use outside Japan.
Eurozone European countries which adopted the single currency or euro as their
currency. It is also known as Euroland.
evade Avoid, usually illegally. The term is often used for the illegal avoidance
of paying tax.
evaporation Process by which a liquid turns to vapour. This may need accounting
for when valuing liquids. The terms means loss of assets from other
causes.
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event day Day where a charity holds an event to which the public is admitted
(Income Tax Act 2007 s421(4)). Such a day may be excluded from
considering whether a right of admission to a charitable donor restricts
the tax relief for the donation.
event-driven investing Investment strategy that responds to events, such as proposed mergers.
Eversden Case that allowed an inheritance tax avoidance scheme which used the
spouse exemption to override the gift with reservation rules by using a
trust. The case was IR Commissioners v Eversden (as executors for
Greenstock deceased) [2003]. This scheme has now been closed by
legislation.
everyday wardrobe Term used in the Inspectors’ Manual at BIM37910 to identify clothing
that is not tax-deductible.
Such clothing is not deductible even where it can be shown that it is
worn only for work, that it is a legal or contractual requirement to wear
such clothing, that the cost is greater than for normal clothing, or that
the nature of the work means that the clothing gets extra wear or
requires additional cleaning.
evidence Documents, testimony and other means by which facts are adduced.
The courts have developed many rules of what constitutes acceptable
evidence.
For tax cases, there are rules of evidence in The Tribunal Procedure
(First-tier Tribunal) (Tax Chamber) Rules SI 2009 No 273.
The general principle has been clarified in these words: “the
presumption must be that all relevant evidence should be admitted
unless there is a compelling reason to the contrary” (per Mobile Export
365 Ltd v HMRC [2007]).
In the case Megantic Services Ltd v HMRC [2009], it was ruled that
late evidence could be accepted even after a date when a direction had
been given that no further evidence was to be admitted.
The acceptability of evidence is broadly a two-stage process:
whether the evidence is relevant, and whether there is any reason to
exclude it.
evidence of removal Evidence that goods have been removed to a customer in another EU
member state. Having sufficient evidence is a condition of being able to
zero-rate the supply. Guidance on what constitutes such evidence is
given in VAT notice 725. Basically the documentation must identify:
• the supplier, and the consignor if different
• the customer
• the goods, accurately described
• an accurate value
• the mode of transport and route taken by the goods
• the EC destination.
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criminal proceedings.
ex Latin: without
exact interest Term sometimes used to describe method of calculating interest on the
basis of 365 or 366 days in a year, as against ordinary interest where it
is calculated on the basis of 360 days.
ex all Without any advantages attached to the share. The opposite is cum all.
examination station Place at an airport where Customs officers may examine imported
goods.
ex ante Before the event. The term often describes a budget prepared before the
budgeted activity commences.
ex capitalisation With all rights of capitalisation being given to the current shareholder
and not to any purchaser of the shares.
excepted asset For inheritance tax, “an asset on which business relief is not available
because it is not used wholly or mainly for the purposes of a business
throughout two years before a transfer” (HMRC inheritance tax
glossary).
excepted charity Church that need not submit accounts to the Charity Commissioners.
excepted estate An estate that does not have to be reported to HMRC as no inheritance
tax is likely to be payable (Inheritance Tax Act 1984 s256).
The values are given in statutory instruments. Since 6 April 2004,
there have been three types of such estate|:
• low value estates
• exempt estates
• foreign estates.
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excepted transfer Transfer of assets that need not be reported to HMRC. From 6 April
2007, these are transfers below the nil rate band for inheritance tax.
excepted vehicles Vehicles that may used fuel on which hydrocarbon oil duty has not
been paid (Customs notice 75).
They include tractors, light agricultural vehicles, agricultural
material handlers, agricultural engines, agricultural processing
vehicles, mowing machines, snow clearing vehicles, gritters, mobile
cranes, mobile pumping vehicles, digging machines, works trucks,
road construction vehicles, road rollers, road surfacing machines,
tar sprayers and unlicensed vehicles not used on public roads.
exceptional rate Rate of vehicle excise duty for the heaviest goods vehicles.
exception proves the rule Common saying that means that the value of a rule is demonstrated
when it gives the right answer in exceptional circumstances not
considered when the rule was formulated.
excess (1) The amount by which one amount is greater than another.
(2) In insurance, the amount of loss which the insured bears himself so
the claim is restricted to the loss which exceeds this figure. For
example, a motor insurance policy may have an excess of £200. This
means that the policy holder bears all losses up to £200 without making
a claim. If a loss of, say, £500 is made, the insurance company will pay
the excess of £300.
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excess policy Policy in respect of matters that are covered by another policy.
The insurer of an excess policy has no liability until the claim has
been met on the first policy.
excess profits duty Tax charged between 1915 and 1921 at 50% of profits earned above a
pre-war standard.
excess profits tax Tax charged between 1946 and 1954 as an addition to other taxes. It
was broadly charged at 100% on the amount by which a business’s
profits during the war exceeded its profits before the war.
excess reserves American term for reserves which are greater than amounts required by
a regulatory authority.
excess shares Shares in excess of the number prescribed under rules for profit-
sharing. The term is defined in Income and Corporation Taxes Act
1988 Sch 10 para 6(2).
excessive remuneration Remuneration that is paid for a non-trade purpose and is therefore not
taxable by a trade. Payment significantly above market rates may
indicate excessive remuneration but is not conclusive.
The situation commonly arises when family members are
employed. A leading case is Stott & Ingham v Trehearne [1924]
9TC69. The matter is discussed in the Inspectors’ Manual at
BIM37707.
excessive set-off When a taxpayer has claimed too much tax relief under a tax credit
received with a dividend payment. The procedure for claiming back the
tax is set out in Income and Corporation Taxes Act 1988 s252.
exchange Giving up one asset for another, such as converting one currency to
another.
excise duties Sales tax charged on items, particularly luxury items. They were first
introduced in 1643. The first duties were imposed on ale, then beer, and
then food and clothing. The scope was progressively extended, leading
to civil unrest in 1647.
In 1683, the scheme was recast. The collection of excise duties was
no longer farmed out by collected by excise men who established a
reputation for ruthlessness. The main duties were imposed on soap,
candles, leather, salt and brewing malt.
In 1723 bonded warehouses were created, and initially used for tea,
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coffee and cocoa. Salt was removed from excise in 1730 after popular
protest, though it was subsequently re-excised until 1822.
By the 19th century, many items were excised. This included
licences for solicitors, hawkers and railway operators. Excise was
charged on employment of servants, armorial bearings and any other
obvious sign of status or luxury. Many 19th century excises were short-
lived.
During the 20th century, the scope of excise duties was
progressively rolled back in preference to sales taxes such as purchase
tax and value added tax.
Excise duty is now limited to hydrocarbon oil duty, alcoholic
liquor duty, gaming duty and tobacco duty.
excise duties Taxes charged on certain goods and supplies. Part of their function is to
reduce consumption on products seen as harmful, where excise acts as a
sumptuary tax.
Duties were traditionally applied to many goods from ancient times
into the 19th century. They are now only charged on alcoholic drink,
tobacco products, and betting and gaming. There is a separate vehicle
excise duty.
excise duty Tax charged on certain categories of goods and services. Excise duty is
now charged only on alcoholic liquor, tobacco products,
hydrocarbon oil, betting and gaming, and road vehicles. The rate is
set separately for each category.
Historically, excise duty was one of the main sources of taxation
income. In 1799 there were 3,000 separate duties. Gradually these
duties have been abolished as the revenue has come from other taxes.
excise goods Goods, other than chewing tobacco, which are chargeable with a duty
of excise by or under the Alcoholic Liquor Duties Act 1979; the
Hydrocarbon Oils Duties Act 1979 or the Tobacco Products Act 1979.
Excise Helpline A number that can be called for issues relating to excess duties, such as
to extend a distillation period in manufacturing spirits. The number is
0845 010 9000.
excise label Label indicating that excise duty has been paid.
For forgery, improper use and similar offences, such a label is
treated as if it were a stamp for stamp duty (Stamp Act 1891 s23).
excise licence duty Excise duty charged on those who were allowed to produce excisable
goods. The duty was abolished on 19 March 1986.
excise licence trade With one exception means, “a trade or business for the carrying on of
which an excise licence is required” (Customs and Excise Management
Act 1979 s1(1)). The exception relates to the sale of tobacco which is
regarded as an excise licence trade even though a licence is no longer
required (ibid s1(5)).
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excise licence An annual tax charged on those who made liquor, methylated spirits
and matches. The excise licence was abolished on 19 March 1986.
excise tax American term for a tax levied for a particular purpose.
excise warehouse A warehouse authorised by HMRC for the deposit, without payment of
duty, of goods liable to excise duty. There are special requirements for
premises for the storage of oil.
The statutory definition is “a place of security approved by the
Commissioners under subsection (1) (whether or not it is also approved
under subsection (2)) of section 92 below, and, except in that section,
includes a distiller’s warehouse” (Customs and Excise Management Act
1979 s1(1)).
excluded activities Term used in Income Tax Act 2007 s303 in relation to activities for
which it is not possible to claim the special tax provisions for venture
capital trusts.
excluded activities Trading activities which exclude a company from a scheme. Certain
activities exclude the special tax reliefs under Enterprise Investment
Scheme and VCT, for example. The list for VCT is given in Income
Tax Act 2007 s303.
excluded benefit Benefit provided to an employee that is not taxable (Income Tax
(Earnings and Pensions) Act 2003 s202).
excluded property Property whose transfer cannot give rise to a liability under inheritance
tax (Inheritance Tax Act 1984 s3(2)).
The main categories of excluded property are:
• non-UK property of someone who is not UK-domiciled;
• holdings in UK authorised unit trusts or open-ended
investment companies;
• decorations for bravery or gallantry; and
• a reversionary interest in a settlement, unless it was acquired
for money or money’s worth.
excluded property Property that is specifically excluded from the scope of inheritance tax,
by Inheritance Tax Act 1984 s6.
Such property includes:
• property outside the UK held by a non-domiciled person,
• decorations for valour or gallant conduct,
• certain government securities and savings products.
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excluded provision Benefits in kind that are exempt from tax and are therefore exempt from
class 1A national insurance unless specifically stated otherwise
The term is used in Social Security Contributions and Benefits Act
1992 s10.
excluded regions Parts of the UK that are excluded from a law or other provision.
In particular the term is used to mean the regions excluded from the
national insurance holiday introduced in 2010. Under National
Insurance Contributions Act 2011 s4(5) the excluded regions “are
Greater London, the South East Region and the Eastern Region”.
excluded remuneration Remuneration paid to a bank employee that is not subject to bank
payroll tax.
exclusion clause Provision in an insurance policy stating when the insurance company
will not pay against a claim.
exclusion requirement Requirement that an offender subject to certain types of order must not
enter a specified place for a specified period (Criminal Justice Act 2003
s205).
exclusive agreement Agreement where a person is given a sole right, such as being the only
person allowed to sell a particular product.
exclusive distribution Limiting the distribution of a brand or product to particular retail store
to make the brand or product exclusive.
exclusively One of the conditions that must be met for trade expenditure to be tax-
deductible. The word relates to the purpose of the payment. It appears
with the word wholly which relates to the amount.
exclusivity agreement Agreement between a supplier and a seller whereby the latter receives a
payment from the former for only selling his product. Such
arrangements are common for petrol stations and pubs. In other
businesses, such arrangements may fall foul of competition laws.
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ex div Without dividend. The term is used to denote a share where the next
dividend will be paid to the present owner and not to the purchase. The
opposite is cum div. The price paid usually reflects the lack of the next
dividend.
execution only Where a customer buys a financial product without receiving advice on
its suitability.
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executor Person who administers the estate of someone who has died and left a
will.
executor de son tort Person who acts as executor without having the necessary authority.
Such a person has the liability of an executor without any of the rights.
executorship Discipline of dealing with the estates of those who have died.
executor’s year The period of one year in which an executor traditionally deals with the
estate of the deceased.
exemplary damages Heavy damages which a court adds as a means of the court expressing
that the defendant has behaved badly towards the claimant.
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exempt approved scheme An HMRC approved pension scheme, which is established under an
irrevocable trust and hence qualifies for tax advantages relating to
contributions, income and capital gains from investments.
exempt assets Assets which are exempt from capital gains tax when disposed, such as
wasting assets like cars and animals.
exempt beneficiary Term used in Inheritance Tax Act 1984 s29A with regard to a
beneficiary not liable to pay inheritance tax, such as a spouse. The
provision is relevant for abating tax reliefs for payments made from a
beneficiary’s own resources.
exempt benefit “Benefit the direct provision of which is exempted from liability to
income tax by a provision of Part 4 (employment income exemptions)”
(Income Tax (Earnings and Pensions) Act 2003 s96A(1)).
exempt department Certain government departments that were allowed to buy goods free of
purchase tax, provided they indemnified the supplier.
exempt distribution Type of distribution between companies in a group which has a special
tax treatment under Income and Corporation Taxes Act 1988 s213.
exempt gift Gift that is exempt from inheritance tax. The tax-free value of the gift
may be abated when a payment is made from a beneficary’s own
resources.
Exempt gifs are:
• gifts made more than seven years before death
• gifts to spouses or civil partners
• small gifts of up to £250 to any number of recipients
• other gifts up to £3,000 a year
• gifts in consideration of marriage
• gifts to charity or eligible political parties
• gifts for national purposes
• normal expenditure out of income.
exempt input tax Input tax incurred on goods and services purchased which are wholly
used, or to be used, in making exempt supplies. After the method has
been applied, this value will include the exempt element of residual
input tax identified by the partial exemption method.
exempt investment fund Collective fund that is exempt from certain tax provisions. Such funds
are usually either charities or pension funds.
exemption For VAT, a supply on which no VAT is charged but for which the
trader may not claim input tax.
It should be noted that some EU directives use the term
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exemption clause Clause in a contract which seeks to exempt one party from a liability in
certain events. Such a clause is only effective if:
● it is an express clause of the contract;
● properly construed, it covers the liability in question; and
● there is no legal bar to enforcing such a clause.
A legal bar may arise from specific legislation (eg Sale of Goods Act
1979 or Unfair Contract Terms Act 1977) or under common law, such
as when there has been a complete failure by one party to perform his
obligations.
exempt lifetime transfer Transfer of property made during the lifetime of a person which does
not form part of their estate on death. Examples include transfers of up
to £3,000 a year, and gifts in consideration of marriage.
exempt lottery Lottery which is exempt from the licensing requirements. The
conditions for such a lottery are set out in Gambling Act 2005 Sch 11
and supporting regulations.
exempt persons Importers who are not registered for VAT or registered taxable persons
who are reimporting goods other than in the course of their business.
exempt schedule Value Added Tax Act 1994 Schedule 9. This lists 13 Groups of supply
which are exempt from VAT:
1 Land 8 Burial and cremation
2 Insurance 9 Trade unions and professional bodies
3 Postal services 10 Sports competitions
4 Betting, gaming etc 11 Works of art etc
5 Finance 12 Charity fund-raising events
6 Education 13 Cultural services
7 Health and welfare
The exact scope of each Group must be carefully considered before
exempting a supply. Many supplies which may come within these
general headings are not exempt.
exempt supplies Supplies made by a business which are listed in Schedule 9 of the VAT
Act 1994. VAT incurred in making exempt supplies is non-recoverable,
subject to the de minimis test.
exempt supply A supply for which no tax is payable and in respect of which Input tax
cannot be claimed.
exercise of option “When the option-holder uses the rights under the option to buy shares
at the option exercise price” (Inspectors’ Manual at BIM 44001).
ex gratia payment Payment which a person or business is not legally obliged to pay but
does so from a sense of moral obligation. Such payments must be
disclosed in the annual report.
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existing award In social security, a means-tested benefit for which a claim has already
established entitlement. Such an award usually enjoys a limited amount
of transitional protection when the rules for the benefit are changed.
existing goods Goods for sale currently in the ownership or possession of the seller,
unlike future goods which have yet to be acquired (Sale of Goods Act
1979 s5(1)).
exit charge Any fee payable when someone leaves an arrangement. In particular,
the term applies to:
• VAT paid by the representative member of a VAT group when a
company leaves the group;
• charge made by a trust when selling units in a unit trust;
• inheritance tax charge imposed on a discretionary trust, but not
on an accumulation and maintenance trust.
exit value A method of valuing assets and liabilities based on selling prices, as an
alternative to historical cost.
exotic meat Term used in VAT notice 701/14 for the less common sources of meat
for human consumption. These include the meat of horses, crocodiles
and kangaroos. If prepared for human consumption, the meat may be
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Expatriate Forum Group comprising representatives of larger taxpayers and HMRC that
meets to discuss issues relating to taxation of expatriates.
expectation of life In insurance and pensions, the period of time which a person is
expected to remain living.
expected birth Date a baby is expected to be born. This is usually stated by a doctor or
midwife on a form MAT-B1.
For some statutory maternity pay purposes, this date is used to
determine entitlement, rather than the actual birth.
expected rate of return In pensions, the rate of return expected over the remaining period that a
pension is payable.
expected strength For beer duty, the alcoholic content of beer that continues to ferment
after the duty point (Customs notice 226). Duty is calculated according
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to expected strength.
expected value Future value of actions. Such a value is usually calculated using
probabilities and discounted cashflow.
expendable endowment Rare form of endowment where the capital may be spent as well as the
interest.
expense Cost of a business which relates to being in business rather than to the
cost of the products or services supplied.
expense account (1) Allowance provided to a person to cover their incidental expenses,
such as when an employer provides funds for a sales employee.
(2) In USA, the term also means a memorandum account to keep a
record of all employee costs, including salary.
expensive accommodation
Accommodation which cost more than £75,000.
If an employee is provided with such accommodation, the employee
may be liable to pay income tax on the additional yearly rent.
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experience rating In insurance, process of determining the premium rate for a group risk,
wholly or partially on the basis of that group's claims experience to
date.
experimental brewing Brewing “solely for the purposes of research or experiments in the
production of beer” (Customs notice 226). This requires notification to
Customs, but does not require registration or payment of beer duty.
experimental design Statistical sampling method which seeks to reduce the number of
independent variables to as few as possible, preferably to one, to make
measurement of the dependent variable as relevant as possible.
experimental group Group of people used for experimental design. They are often
compared with a control group.
expert witness Skilled witness called to assist the court in a specialist area. The use of
expert witnesses is governed by the Civil Rules Procedure 1998, Part
35.
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explosives Customs may seize any explosives brought into the country.
export controls “In relation to any goods, the prohibition or regulation of their
exportation from the United Kingdom or their shipment as stores”
(Export Control Act 2002 s1(2)).
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export department Part of a company which deals with sending goods overseas.
Export Reception List For Customs purposes, a sequentially numbered computer produced list
containing specified details of all export consignments which have been
received and for which details have been recorded on the computer
since the production of the previous list.
export shop An excise warehouse approved for the supply of excise goods to
entitled passengers without payment of excise duty.
export taxes Customs duty imposed from 1275 to dates in 19th century on wool and
leather exported from London and 13 other ports. It was levied at so
much per sack. It was known as the great custom. Strictly speaking
customs duties can still be imposed on exports, though they are not.
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express trust Trust that is specifically created by the settler, as against constructive
trusts, resulting trusts and implied trusts.
An express trust must have three certainties:
• certainty of words and intention
• certainty of subject matter; and
• certainty of beneficiaries.
express waiver “When the holder of a bill [of exchange] at or after its maturity
absolutely and unconditionally renounces his right against the acceptor”
(Bills of Exchange Act 1882 s62(1)). In such a case, the bill is regarded
as being discharged.
ex rights When a share is offered for sale without the rights which attach to the
share.
extended period
extended warranty Insurance policy sold with goods to extend the guarantee. This is
usually subject to insurance premium tax at the higher rate.
extension (1) Anything which has been extended, such as a warranty period or
credit terms.
(2) Addition to an existing building.
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extension lead Electrical cable with a plug at one end and equivalent socket at the
other which may be used to extend the length of an existing cable.
extension period Any additional period allowed for a particular purpose. An example is
Income Tax Act 2007 s318(3) in relation to a VCT-in-liquidation.
extension period For child benefit, a period after a qualifying young person has finished
full-time education or training and has yet to start full-time work (at
least 24 hours a week). Benefit is paid for this period up to 20 weeks.
external account Account held by a British bank for someone living outside the UK.
external audit Audit conducted by an outside firm, as against an internal audit which
is conducted by the organisation’s own staff.
external auditor Person who is not an employee of an organisation whose services are
engaged to audit the accounts.
external benefits Economic term for benefits which accrue to people outside an
organisation by the actions of that organisation.
external border The national frontiers between the EU and non-EU countries.
external debt Money which a business or government has borrowed from outside its
members or citizens.
external growth Growth by buying other businesses, rather than by organic growth.
external hard disk Hard disk of a computer which is designed to be removed from that
computer so it can be used on other computers.
external investigation Investigation by an overseas body into whether someone has obtained
property by criminal activity (Proceeds of Crime Act 2002 s447(3)).
external reporting Reporting financial information to those users with a valid claim to
receive it, but who are not allowed access to the day-to-day records of
the business.
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external request Request made by an overseas body under Proceeds of Crime Act 2002.
(ibid s447(1)).
external transit One of the transit procedures which Customs may apply to goods
presented on importation.
External transit allows the goods to move freely within the EU
without being subject to any duties or Customs formalities until the
goods reach their final destination.
external users Users of financial statements who have a valid interest but are not
permitted access to the day-to-day records of the company.
extraction rates Amount of usable crop which is produced from the weight of material
harvested. For some crops this is more commonly known as the yield.
extraordinary rendition Process of sending a suspect for interrogation in another country where
the regime for protecting them is much less.
extreme unction Anointing with oil of a person believed to be on the point of death.
It is a sacrament in the Roman Catholic church, based on James
5:14 in the Bible.
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eye-picking Colloquialism for the practice of early settlers to choose the best pieces
of land first, particularly in Australia.
eye test An employer may be required to provide free eye tests for employees
that routinely use a computer screen.
With effect from 6 April 2006, such a test is not a taxable benefit
(Income Tax (Earnings and Pensions) Act 2003 s320A).
EZ Enterprise zone.
F
f Factor that may be used to calculate alcoholic strength for beer duty.
The table is contained in Customs notice 226.
F (1) For council tax, the sixth band of property values, for these
property values:
• in England, between £120,001 and £160,000 in 1993;
• in Wales, between £135,001 and £191,000 from 1 April 2005, and
between £90,001 and £120,000 before;
• in Scotland, between £80,001 and £106,000 in 1993.
A band F property is subject to council tax at 13/9 of the rate for an
average band D property.
(2) National insurance contribution letter for an employee who is a
member of a contracted-out money purchase scheme. This letter will
become otiose from April 2012.
(3) Federal Reporter, series of US law reports.
(4) Fraser, series of Scottish law reports issued from 1898 to 1906.
Fabian tactics Delaying tactics and masterly inaction as a means of winning a battle.
The term comes from Quintus Fabius Maximus (?-203 BC). The term
also applied to US president George Washington (1732-1799).
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face value Value of a bond, security, note, coin or other item as stated on the item.
The term is used when the item may attract another value, as in a
security or a collectable coin.
factoring Process of selling debts at a discount to improve cashflow and save the
cost of debt collecting.
factors of production The factors of production are the resources that are necessary for
production. They are usually classified into 4 different groups:
• land - all natural resources (minerals and other raw materials)
• labour - all human resources
• capital - all man-made aids to production (machinery, equipment
and so on)
• enterprise - entrepreneurial ability
The rate of economic growth that an economy can manage will be
affected by the quantity and the quality of the factors of production it
has.
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factory Strictly, a place where items are manufactured, though now the term
applies to any place of manual work, including assembly. It is an
abbreviation of manufactory.
Before 1850, the word meant a textile mill.
A factory is specifically included in the definition of industrial
building.
factory gate price Actual cost of manufacturing goods before profit is added.
factotum Person who does all sorts of work for an employer. The term comes
from the Latin facere totum which means to do everything required.
fact sheet Series of documents produced by HMRC. There are about a dozen, all
prefixed FS. Each one explains an aspect of HMRC’s policy in dealing
with taxpayers.
facultative reinsurance A type of reinsurance in which the reinsurer can accept or reject any
risk presented by an insurance company seeking reinsurance.
Faculty of Advocates Scottish body which appoints advocates, the Scottish equivalent to
barristers.
failed PET A potentially exempt transfer that did not exempt a gift from
inheritance tax, usually because the transferor died within seven years
of making the transfer.
fail to scan Provision in an EPOS system when a barcode fails to scan properly.
The system is overridden by the checkout operator typing in the code.
Such a provision is a condition for being able to use EPOS systems for
determining the store’s VAT liability.
failure to make return A failure to make a tax return is a specific offence under tax law. For
income tax and corporation tax, the offence is contained in Taxes
Management Act 1970 s93.
fair estimate agreement Basis which was used before 1 October 2004 to ensure that the national
minimum wage (NMW) was paid for output work. It is now replaced
by the system of rated output work.
fair fuel stabiliser Policy of adjusting the duty charged on road fuel in inverse ratio to its
price as a means of evening out price fluctuations (June 2010 Red Book
para 1.121 and 2.100).
fair market value (FMV) Price at which a transaction will be completed if made:
• by a willing buyer and a willing seller
• in an arm’s length transaction
• where each has reasonable knowledge of the relevant facts.
For most accounting and tax purposes, FMV is not used in preference to
historic cost. There are some exceptions for tax avoidance schemes.
fair trade System of selling goods from overseas where arrangements have been
made to ensure that the original producers are fairly remunerated for
their efforts and are not exploited.
fair value (1) “The amount at which an asset or liability could be exchanged in an
armed length’s transaction between informed and willing parties, other
than in a forced or liquidation sale” (FRS 7 para 2).
(2) The theoretical price at which a futures contract should trade to be
equivalent to the purchase price of the underlying instrument.
or, if the assets are money, its amount” (Income and Corporation Taxes
Act 1988 s431(2)).
fair wear and tear The normal and acceptable small amounts of damage which an item
receives from its proper use. In general, no claim may be made against
someone for fair wear and tear.
faithful representation In accounting, one of the five qualities required for accounts to have
reliability. This in turn is one of the four requirements for accounting
information required by Statement of Principles.
Faithful representation broadly requires financial statements to
portray transactions in a way that reflects the commercial effect. This
underpins such principles as substance over form.
fallacy of accident Coming to a false conclusion by failing to allow for exceptions. There
is also a converse fallacy of accident.
fallback position Tax provision that applies when the usual tax provision cannot be used.
An example relates to paying VAT on acquisitions from another
EU member state. The normal provision is that the UK acquirer pays
the tax. Should that not be possible, there is a fallback position that
allows VAT to be charged in the state of supply.
fallen angels Colloquialism for investments that once performed well but have since
declined in value.
[The term originally meant angels excluded from heaven. It later meant
women who fell from virtue.]
fall in value relief Relief from inheritance tax where assets lose value after being
inherited. Within time limits the reduced value may be substituted for
the inherited value under Inheritance Tax Act 1984 ss179 and 191.
The time limit is four years for land (three years for deaths before
16 March 1990), and one year for quoted securities and other qualifying
investments.
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fallopia japonica Latin name for Japanese knotweed for which there is a special landfill
tax provision.
false representation This is an element of one of three types of fraud. A person commits this
offence if he “dishonestly makes a false representation to make a gain
for himself or another, or to cause a loss to another or to expose another
to a risk of loss” (Fraud Act 2006 s2(1)).
A representation is false if “it is untrue or misleading, and the
person making it knows that it is, or might be, untrue or misleading”
(ibid s2(2)).
Representation means “any representation as to fact or law,
including a representation as to the state of mind of:
(a) the person making the representation, or
(b) any other person”. (ibid s2(3)).
The representation may be express or implied (ibid s2(4)).
false statement Statement where someone states something as being true when he
knows, or should know, that it is untrue.
It is a criminal offence for a director to make a false statement in the
directors’ report, directors’ remuneration report or summary financial
statement (Companies Act 2006 s463(1)).
Fam Family Division. This is part of the citation of a report of a court case
heard in this division of the High Court.
It is also the citation for a series of law reports for this division from
1972.
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family business Business which is largely controlled by more than one member of the
same family.
family company Company where members of one family have significant shareholdings.
family income policy A form of term insurance. If the death of the insured occurs during the
term an income will be paid from the date of death to the end of the
term.
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family maintenance Usual terms for the arrangements set out in Inheritance Tax Act 1984
s11. Payments of maintenance are excluded from the scope of taxable
dispositions.
Family maintenance broadly comprises payments to maintain a
former spouse or civil partner, payments to maintain or educate a child,
or payments to look after a dependent relative.
Family Procedure Rules Rules introduced for the Family Court from 3 April 2006 under Courts
Act 2003 s75.
Fannie Mae The popular name for the Federal National Mortgage Association
(FNMA).
This American body was set up by the US government during the
Depression in 1938. It became a stockholder-owned corporation in
1968. Its main purpose was to securitise mortgages and similar loans to
maintain a steady supply of cash for home loans.
Fannie Mae, with Freddie Mac, were in effect renationalised on 7
September 2008. At that time, the two bodies owned or guaranteed
about half the USA’s $12 trillion mortgage market.
fare Charge for travelling on a vehicle. The word originally meant the
journey itself.
farrowing crate Metal cage in which sows can give birth. This qualifies as plant and
machinery (at the higher rate) in the pig industry when used in
connection with a slurry system (HMRC Brief 03/2010 issued on 23
February 2010).
farthing Quarter of an old penny, so there were 960 farthings to the pound.
The coin was made in silver from 1279 to 1553, and in copper or
bronze from 1613 to 1956, apart from some farthings made in tin
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fast-growing company A company which grows quickly encounters many practical problems,
such as ensuring its infrastructure remains adequate without becoming
excessive. It can also have serious cashflow problems unless it is cash-
positive.
This term is also used in connection with venture capital trusts.
From 16 June 1999, the strict investment criteria is relaxed for such
companies in two respects:
● when shares in one company are exchanged in shares for
another as a preliminary to a stock market flotation; and
● on exercising conversion rights.
fat finger Colloquial term for a serious typing error in a computer system.
The term was coined in connection with an incident on the Tokyo
Stock Exchange on 8 December 2005. A woman mistakenly sold
610,000 shares in J-Com for one yen, instead of selling one share for
610,000 yen.
The company Mizuho was forced to buy back the shares for 40.7
billion yen, leading to the cancellation of all annual bonuses and the
resignation of the president and managing director. It also led to the
first lawsuit against the Tokyo Stock Exchange.
fat tax Colloquialism for a proposed tax on foods considered unhealthy, such
as burgers and chips. See also FAT.
favourable trade balance Situation where a country exports a greater value of goods and services
than it imports.
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Fax Service Replacement In tax, a written document which confirms the appointment of an agent
which has been provisionally agreed as a matter of urgency by sending
a fax to HMRC.
FCR (1) Family Court Reports, a series of law reports published from 1987.
(2) Federal Court Reports, a series of US law reports.
FE Further education.
Federal Funds Deposits by commercial banks with the Federal Reserve Fund of the
USA.
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Federal Reserve Board American federal body which controls the money supply, discount rate
and issue of government bonds in the USA.
federal sales tax US tax charged by the federal government on certain sales. It was
introduced in 2010 at the rate of 10% for indoor tanning services.
federated fund drive A centralised campaign in the USA whereby one organisation raises
money for its member agencies. The United Way campaign and the
Community Works are examples.
federated trade union “A trade union which consists wholly or mainly of constituent or
affiliated organisations, or representatives of such organisations”
described as trade unions (Trade Union and Labour Relations
(Consolidation) Act 1992 s118).
fed funds rate Rate charged by banks for lending money deposited with the Federal
Reserve Board to other banks.
feed-in tariff Amount paid for microgeneration of electricity, such as when business
or residential premises sell on surplus electricity produced from solar
panels or wind turbines.
feel of the paper One of the Bank of England’s recommended methods for checking
whether a bank note is forged. Bank notes are printed on a special paper
produced by a secret process that gives it a unique feel.
fee-penny Old term for a fine for being late with a payment.
fee simple Holding land in one’s own name, free from conditions or limitation.
fee-tail Estate limited to a person and his heirs. It was abolished by Law of
Property Act 1925.
feints Impure spirits that arise at the start and end of distillation of spirits.
“Spirits conveyed into a feints receiver” (Customs notice 39).
Normally feints are carried forward from one manufacturing period
to another. If the distiller wishes to dispose of them, the procedure in
Customs notice 39 must be followed.
[Although the word is spelled with an E in Customs’ literature, it may
be spelled as “faints”.]
female servant tax Excise duty charged between 1785 and 1792. This complemented the
male servant tax introduced in 1777.
fence Person who trades in stolen goods. The activity is illegal (Theft Act
1968) but taxable (Partridge v Mallandine [1886] 2TC179). The matter
is discussed in the Inspectors’ Manual at BIM22010.
ferae naturae Latin: of savage nature. Legal term to describe animals that are wild
rather than domesticated.
feudal taxes Early taxes that were charged from about 200AD to the 11th century,
often arbitrarily.
They were complemented with Saxon levies, Norman dues and
payments to the church. They were largely replaced from the Conquest
of 1066. The king extracted a share of the feudal taxes.
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fiacre French style of cab or hackney carriage, named after the French station
from which they first operated in 1650.
fiat justitia, ruat coelum Latin: let justice be done, though the heavens fall.
fiat money Banknotes and coins which have an intrinsic value below their face
value, but which are accepted at face value because of government
support for the currency. Almost all currency is now fiat money.
The difference between the face value and intrinsic value is
seigniorage, which is a form of tax. For example a Bank of England
banknote may cost a few pence to produce but have a face value
expressed in pounds.
fictitious asset Debit balance which arises from a double entry from spending, but
where the debit balance does not represent the value of an asset.
Examples include deferred expenditure, such as development or
advertising costs for a product not yet available.
The term is now little used as there are strict rules which generally
require all spending to be treated as expenses in the profit and loss
account, unless it meets strict conditions which allow the spending to be
capitalised in the balance sheet. As such, the spending becomes an
intangible asset, which is a form of fixed asset.
fiddler’s money Fee paid to a fiddler at a wake, originally it was a silver penny.
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Fidei Defensor Latin: Defender of the Faith. This inscription, or an abbreviation of it,
appears on many British coins.
fide, sed cui vide Latin: trust, but take care in whom.
fiduciary estate Estate or similar interest in land or other assets, as against the beneficial
interest.
fiduciary relationship Relationship based on trust, such as accountant and client. There are
special rules regarding contracts. Trusts are fiduciary relationships.
field (1) General area of activity, particularly one of expertise as in “the field
of medicine”.
(2) Part of the coin between the main design and the inscription or edge.
field day Very successful day. The term comes from the military where it meant
a day allocated to field exercises.
field engineer In marketing, sales person who has particular skill in the technical side
of the product and can therefore help make sales to technical buyers. A
field engineer may not have the other skills to sell to other buying
influences, such as in cost-justification and regulation compliance. In
many cases, a field engineer is a part of the sales team, but not the
whole team.
fieri feci Statement by a sheriff that he has been unable to seize goods as
required by a writ of fieri facias.
Fifth Amendment This usually refers to the fifth amendment to the US constitution which
states that no person “shall be compelled in any criminal case to be a
witness against himself”.
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fifty pence coin Coin that was introduced on 14 October 1969 as a replacement for the
ten-shilling note. It has seven curved sides. In 1997 its size was
reduced to 27mm. The larger coin was demonetised on 28 February
1998.
fifty pound note Highest value bank note issued by the Bank of England.
The current note is the Series E note first issued on 20 April 1994
and depiciting Sir John Houblon.
The previous Series D note was issued on 20 March 1981 and
withdrawn on 20 September 1996. It depicted Christopher Wren, the
architect.
Previous “white” £50 notes were withdrawn as legal tender on 31
may 1979.
Current £50 notes have a symbol of a red triangle to assist those
with poor sight.
filch Steal or purloin. This was originally 16th century slang from a filch,
which was a pole for picking up items from hedges or shop counters.
filing date Date by which documents must be filed. The term is particularly used
for annual reports and tax returns.
filing obligations In company law, the obligation to file accounts by a stated date. These
obligations are set out in Companies Act 2006 s445.
filius nullius Latin: son of nobody. In other words, a child whose father is not
known.
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film partnership A trading partnership engaged in the production of films. The tax
provisions are set out in Income Tax Act 2007 s400.
final accounts The accounts produced at the end of the year and which are no longer in
draft form.
final and conclusive Term used in Income Tax Act 2007 s31 to describe a tax return on
which there are no queries.
final closing date Last date for acceptance of a takeover bid. On this date, the bidder must
state how many acceptances he has from shareholders.
final demand Last notice sent to a debtor before commencing legal action.
final designation Notice issued by the Treasury to a suspected terrorist under Terrorist
Asset-Freezing etc Act 2010. It lasts for one year at a time.
final earnings Amount a person is earning at the end of the career and on which is
used for a final salary scheme for pensions.
There are rules for calculating this figure, which may give a figure
different from a person’s final salary figure.
final gravity For beer duty, another name for present gravity.
final notice Last notice sent to a debtor before the creditor starts legal action to
recover a sum due.
final salary scheme Occupational pension scheme where the pension is based on the
employee’s “final salary”. It is also known as a defined benefit
scheme.
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final settlement Last payment which clears a debt, whether or not all the payments equal
that debt.
final tax year Tax year in which a trade permanently ceases (Income Tax Act 2007
s89(1)). There are special provisions for loss relief.
Finance Bill Draft law setting out the provisions of the Budget speech. It eventually
becomes a Finance Act.
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finance charge Total amount borne by the lessee during the course of a lease above the
cost of the underlying asset.
finance costs “The difference between the net proceeds of an instrument and the total
amount of the payments (or other transfers of economic benefits) that
the issuer may be required to make in respect of the instrument” (FRS 4
para 8).
finance lease Lease which has the nature of funding the acquisition of an asset rather
than an arrangement which simply lends the asset, known as an
operating lease.
The main difference is that assets acquired under a finance lease are
shown as fixed assets on the lessee’s balance sheet.
Under SSAP 21, a finance lease may be depreciated under one of
three methods:
● the actuarial method;
● the rule of 78 (also known as sum of the digits); or
● the straight line method.
For tax purposes, a distinction is made between a short lease and a
long funded lease.
finance market Place where large sums of money are borrowed and lent.
financial accounting A term usually applied to external reporting by a business where that
reporting is presented in financial terms.
financial adviser Person who offers personal advice on financial matters, such as
pensions and investments. Such a person must be regulated by the
Financial Services Authority.
Financial advisers are of three types:
● S: single tier advisers;
● M: multi-tier advisers; and
● WOM: whole of market advisers.
A single-tier adviser only advises on the financial products of one
company, and is usually an employee of that company.
A multi-tier adviser advises on the products of a few companies.
A whole of market adviser gives advice on all financial products
on the market.
There is also a category D adviser where a person can deal directly
with the company, though this is not really advice at all.
A financial adviser must tell clients what type of adviser he is.
financial aid Assistance given to a person, business or country in the form of cash
rather than in goods or services.
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financial benefit share The amount that may be paid tax-free to an employee in respect of a
suggestion.
The benefit share is the greater of:
• half the first year’s benefit, and
• 10% of the first five years’ benefit
(Income Tax (Earnings and Pensions) Act 2003 s322(5)).
financial health check Term sometimes used for a periodic review or audit of an individual or
business’s financial affairs to see if they are still in a healthy state.
What may have been effective tax planning and other general financial
health may no longer be appropriate.
financial institution Any company or other body which provides financial services to
businesses. Financial institutions include banks, loan companies and
similar.
Companies Act 2006 s778 contains special provisions about transfer
of shares to such an institution. For this purpose the term is restricted to
clearing houses, investment exchanges and equivalent bodies.
In relation to alternative finance arrangements, a definition
appears in Taxation of Chargeable Gains Act 1992 s151I.
financial instrument Document of any kind which shows that money has been lent by one
party to another in expectation or receiving back the funds with a profit
of some kind (FRS 13).
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financial intermediary Organisation which takes funds from clients and arranges for them to be
invested.
financial option Option which is not a traded option, but which relates to currency,
interest rates or share prices generally, or to some similar financial
indicator.
For capital gains tax, an exhaustive definition is given in Taxation
of Chargeable Gains Act 1992 s144(8).
financial planning Process of making arrangements for efficient future of funds to cover
foreseeable eventualities, to minimise outgoings and to maximise
income.
financial position State of a person’s or business’s finances. This usually involves looking
at current assets and liabilities, and current income and expenditure.
financial product Insurance, banking, pensions and similar financial services viewed in
the same way as consumer goods.
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financial risk Exists where a company has loan finance, especially long-term loan
finance where the company cannot relinquish its commitment. The risk
relates to being unable to meet payments of interest or repayment of
capital as they fall due.
financial services For freezing terrorist assets this term is defined in Terrorist Asset-
Freezing etc Act 2010 s40. It broadly includes insurance, banking and
investment.
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Financial Services Act UK law which regulates the provision of financial services to the
public. It creates the Financial Services Authority.
financial slack Cash buffer that sustains a business while funding is found.
financial statement order Order which requires a military person to provide details of his finances
to a court (Armed Forces Act 2006 s266).
financial support Term used in Pensions Act 2004 s45 in relation to funding for a service
company for a final salary (or defined benefit) scheme.
Financial Times British daily newspaper on pink paper which concentrates on financial
and commercial news. It was founded on 9 January 1888. The
newspaper co-sponsors may indices of share prices, particularly the
FTSE-100 index. The company also has many other trading divisions
in books, websites and financial services.
financial transaction tax Tax proposed by the European Parliament to discourage excessive risk-
taking in addition to providing revenue. Details were set out in a
European Parliament press release of 10 March 2010.
financial year (1) The year for which financial statements are prepared, which may not
be the same as the calendar year. The term accounting period is now
preferred.
(2) For corporation tax, a financial year is a period which runs from 1
April in one year to 31 March in the next (Income and Corporation
Taxes Act 1988 s834(1)).
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financial year (1) For company, the period from the day after the end of the previous
financial year (or start of the first accounting period) to the last day of
the next accounting period or within seven days of it (Companies Act
2006 s390(2)).
(2) For corporation tax, the period from 1 April to following 31 March.
Such years are indicated according to the year they start, so Financial
Year 2010 means 1 April 2010 to 31 March 2011.
fine Penalty imposed for breaking the law. Strictly a fine is only imposed by
a court. Other penalties, such as for most tax or motoring offences, are
civil penalties and do not comprise a criminal conviction. See also
parking fine.
In general, a fine that is a punishment is not tax deductible whereas
a fine that is compensatory is deductible. A leading case is McKnight v
Sheppard [1999] 71TC419. The matter is discussed in the Inspectors’
Manual at BIM42515.
finings Substances that may be added to brewed liquor near the end of the
production process to remove organic matter and thus improve the
drink’s clarity or improve its taste or aroma.
Customs notice 226 explains that the addition of finings does not
affect the calculation of the duty unless (exceptionally) the finings
contain alcohol.
Finland Member of the European Union, for which purpose the Åland Islands
are excluded.
FIO Free in and out - the freight rate covers the sea freight only. The costs
of loading and discharging the cargo are not included.
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firearms Customs may seize any firearms brought into the country. This includes
blank firing and replica guns, self-defence sprays, electric shock
devices and stun guns. Realistic copies may only be imported for an
authorised purpose such as participating in a historical re-enactment.
fire insurance tax Tax charged from 1782 to 1869 at 1s 6d per £100 insured.
fire sale Originally, a sale of fire-damaged goods as a means of reducing the loss
suffered from a fire.
Colloquially, it can mean any quick sale as a desperate attempt to
raise funds. Items in a fire sale are often sold for much less than the
value than would otherwise be sought.
firewood For VAT, firewood may be reduced rated under Value Added Tax Act
1994 Sch 7A Group 1 when supplied for domestic use. Further details
are given in VAT notice 701/19. The wood must be specifically held
out for sale as domestic firewood.
first charge The first claim on a property, as evidenced by a legal charge on that
property.
first fruits Most profitable results from labour, from the idea that the first fruit to
be harvested is that which is easiest to pick.
Under ancient Hebrew law, the first fruits were to be offered to
God.
First Minister (FM) Chief executive of Northern Ireland Executive who has equal power
with the deputy First Minister in a diarchy.
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first purchase price Term used in connection with the alternative finance arrangement
known as purchase and resale arrangements (Taxation of Chargeable
Gains Act 1992 s151J).
first-tier tribunal Tribunal where a first attempt is made to resolve legal issues. These
bodies are established from 2009 to replace the various employment
tribunals, other tribunals, commissioners’ hearings and similar.
The first-tier tribunals are organised into chambers. All but the
most complex cases will be heard by the relevant chamber of a first-tier
tribunal. Appeals will got to the Upper Tribunal.
fiscal mandate Term used in the June 2010 Budget report. The mandate is “to achieve
cyclically-adjusted current balance by the end of the rolling, five-year
forecast period. At this Budget, the end of the forecast period is 2015-
16” (Budget Red Book para 1.15).
fiscal mark Sign that a tax or duty has been paid, as appears on packets of cigarettes
from 1 April 2001.
fiscal measures Tax changes announced by the government, particularly with a view to
influencing the economy.
fiscal policy Fiscal policy is “the use of government expenditure and taxation to try
to influence the level of economic activity” (HM Treasury glossary).
fiscal territory Those parts of the European Union (EU) in which the EU system of
VAT is applied. It is smaller than the EU customs territory (because it
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fiscal year The fiscal year is the same as the tax year. It runs from April 6th of one
year to April 5th of the next year. Any budget changes are always
implemented for the next fiscal year. i.e. to start on April 6th.
fish For VAT purposes, fish recognised as food for human consumption are
zero-rated, whereas fish for other purposes, such as tropical fish, are
standard-rated. The criterion is not whether the fish is palatable to
humans (goldfish are) but the purpose of the sale. Further details are
given in VAT notice 701/14 and 701/15.
fishing expedition Exercise that appears to be a cover for searching for mistakes. The
accusation is sometimes made against tax authorities.
fishing interrogatory An interrogatory that does not relate to any matter before a court.
Permission for such an interrogatory will not be granted.
FIT Part of FSA handbook that deals with the test for fit and proper persons
for approval.
fit and proper test A test for those who wish to register under money laundering laws as a
money service business or trust or company service provider. The
test checks a person against various records to see if they have any
convictions, disqualifications or other detriments which indicate they
are unsuitable for registration.
fit for habitation Implied term in all tenancies for low rent.
fitness for purpose Implied condition in all contracts for sale to consumers.
fittings Items in a building which are not attached to it but are sold with it.
Typically these include carpets, curtains and fitted furniture. Items
attached to the building are called fixtures.
five pound note Bank note that is legal tender for five pounds.
Since 1921, such a note may only be issued by the Bank of
England, though some Scottish and Irish bank notes are widely
accepted.
Bank of England £5 notes were first issued in 1793. They became
wholly machine-printed in 1855. Notes produced since 1960 (known as
series C) incorporate a picture of the Queen. Previous notes were
widely known as white fivers.
Since 1971, five pound notes have depicted a famous person:
Series Depicts Issued Demonetised
D Duke of Wellington 11 Nov 1971 29 Nov 1991
E George Stephenson 7 June 1990 21 Nov 2003
E rev Elizabeth Fry 21 May 2002 in use
fiver Common name for a £5 note, or a bank note for five of some other
currencies.
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five-year plan National economic plan, particularly those first propounded by the
Russian leader Joseph Stalin in 1928 and copied by other countries.
Most of the plans failed.
fixed asset Buildings, furniture and other assets which are not expected to be
consumed within the next 12 months.
fixed assets usage Revenue divided by net book value of fixed assets.
fixed budget Budget where amounts of income and expenditure are stated in advance
and are not intended to be affected by circumstances.
fixed charge Charge over a particular fixed asset on terms that allow the asset to be
taken by the lender if a loan is not paid.
fixed cost Cost which is not dependent on quantity of items produced or sold. As
opposed to a direct cost.
Fixed costs include overheads such as rent, rates, office staff,
marketing, inspection, storage etc.
The distinction between fixed costs and direct costs is a matter of
management accounting convenience rather than an accurate
representation of reality, as few costs are either wholly direct or fixed.
The cost of making a metal component can involve a labour cost of
setting up a autolathe which is fixed regardless of how many
components are made.
Conversely fixed costs such as inspection and storage will
eventually assume some of the nature of the direct cost, in that the more
items made, the greater will be the need to inspect and store them.
fixed-date summons Summons in a county court that initiates actions other than for the
payment of money.
fixed deduction Deduction agreed between HMRC and a group of employees which
covers general expenditure borne by the employees which they may
deduct without having to produce supporting evidence. The deduction
is usually in respect of uniforms and tools.
fixed deposit Investment in the form of a deposit which pays a fixed rate of interest.
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fixed duty Stamp duty that is charged at a fixed amount, as against an ad valorem
duty which relates to the value of a transaction.
fixed exchange rate Rate of exchange between two currencies which does not fluctuate and
can only change by revaluation or devaluation.
fixed expenses Expenses which do not vary according to the amount of goods or
services produced.
fixed income Situation where income does not change from year to year, as with
annuities where there is no index-linking.
fixed income arbitrage Investment strategy that seeks to exploit inefficiencies in the pricing
policies of fixed income securities and their derivatives.
fixed interest investment Investments which pay interest at a rate which does not change.
fixed interest security Government bond and other forms of security investment where the
interest rate does not change.
fixed interest Where the interest rate does not change whatever happens to the
economy.
fixed interest trust A trust where the beneficiary is entitled to receive all or some of the
income as it arises, such as for a specified period or for his lifetime. At
the end of the period or life, the trust ends, usually with the capital of
the trust passing to someone else.
fixed mortgage Mortgage is one where the rate of interest is fixed and does not vary
with the bank base rate.
Such a mortgage is usually offered:
• for a short term only,
• at a higher rate than the current variable rate, or
• as a short-term marketing ploy.
fixed oil An oil that does not volatalize by heating without decomposition, and
which hardens when left exposed to the air. Linseed oil and walnut oil
are examples.
fixed penalty notice Notice issued under Road Traffic Offenders Act 1988 for a motoring
offence. It is regarded as a civil penalty and not as a criminal offence.
fixed price agreement Agreement where goods or services are supplied at a price which
cannot be changed during the lifetime of the agreement.
fixed price contract A contract where the exact price is stated at the outset.
fixed rate A guaranteed rate that is normally set just below the standard variable
rate and is guaranteed for a certain period of time. If the standard
variable rate falls below the fixed rate you will still have to pay the
fixed rate. Once the fixed rate period ends you will normally pay the
lender's variable rate. Sometimes there are redemption penalties
associated with this type of deal.
fixed rate loan Loan on which the rate of interest does not change.
Such a loan to an employee is generally not a taxable benefit in
kind, provided similar terms were offered to the employer’s customers
at the time.
A full definition is given in Income Tax (Earnings and Pensions)
Act 2003 s177.
fixed-sum credit Financial facility, other than a running-account credit, where a debtor
is entitled to borrow money as one amount or in instalments.
fixed term Description of any arrangement that is for a fixed period of time. The
term is commonly used for leases and tenancies.
fixed-term pension Pension whose payments are fixed for a period, typically five years. At
the end of that period, the pension member may choose another type of
pension.
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fixtures Items which are attached to buildings, such as windows and doors.
flag day Day when a charity may raise funds and offer small paper flags or
similar symbols to be displayed on the donor’s clothing.
flag state State where a ship is registered (or “flagged”). International mariners
are generally liable to national insurance and social security according
to the laws of the flag state. Most of the exceptions to this general rule
were removed from 1 May 2010, from when the only exception is
where the mariner is remunerated from a country where he or she also
is resident.
flat (1) State where something neither rises nor falls, such as prices on a
stock market.
(2) Fixed, as in a flat rate of interest or flat rate of pay.
(3) “A separate set of premises (whether or not on the same floor):
(a) which forms part of a building;
(b) which is constructed or adapted for use for the purposes of a
dwelling;
(c) either the whole or a material part of which lies above or below
some other part of the building”
(Commonhold and Leasehold Reform Act 2002 s112(1)).
The creation of flats from commercial premises may attract a
special capital allowance (Capital Allowances Act 2001 ss393A-
393W).
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flat rate annuity Annuity that does not change value from year to year. Such an annuity
loses value through the effects of inflation.
flat rate introduction year “Such tax year as may be designated as such by order” (Social Security
Contributions and Benefits Act 1992 s122(1)).
This relates to the proposals to replace State Second Pension with a
flat rate of benefit unrelated to earnings.
flat yield Fixed interest rate expressed as a percentage of the sum paid for the
investment.
flavourings For VAT, these are generally zero-rated as food, whether natural or
synthetic (VAT notice 701/14).
Fleet Book Evidence Old legal colloquialism for no evidence at all. The origin is that books
of the Old Fleet prison were not accepted as evidence of marriage.
Fleming claim Claim for VAT relief outside the three-year cap imposed in 1995.
The name comes from the case M Fleming (t/a Bodycraft) v C & E
Commissioners [2006]. The case concerned a claim for VAT paid on
cars acquired in 1989 and 1990. It was held that the three-year cap was
ineffective under European law as the British government had not
allowed a transitional period.
Flemish account Sum less than expected, from the old Amsterdam pound that was worth
less than the UK pound.
flex-fuel vehicle American term for a vehicle that can be run on two or more types of
fuel, or on any combination of them. The commonest example is petrol
and ethanol.
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flexible benefits A program where employees can select from a range of benefits offered
by their employer in order to meet their own specific needs.
flexible budget Budget where some amounts of expenditure are determined by amounts
of income.
flexible drawdown Ability to withdraw funds from a pension fund from 6 April 2011. The
conditions are broadly that the taxpayer is at least 55 years old and has
a secure pension of at least £20,000 a year.
flexible mortgage A feature of some mortgages that gives you freedom to change the
amount and frequency of your mortgage payments.
flight of capital When money quickly leaves a company, business sector, country or
type of investment because of fears about its future.
flight sheets Separate duplicate list completed by the export shop operator for each
flight, identifying sales to passengers by invoice number and date.
flip-flop scheme Tax avoidance scheme involving offshore trusts. The essence is to
manipulate the arrangements to avoid a liability for capital gains tax.
The matter was examined in the case Burton [2009] TC00156.
float (1) Quantity of cash used for a purpose such as to fund expenses in
advance or to provide change.
(2) Offering a company’s shares for sale on a stock market.
(3) Allowing a currency to fluctuate freely against other currencies,
rather than be tied to a fixed rate.
floating charge Security taken by lender which floats over all the assets and crystallises
over particular assets if the security is required.
floating rate loan Loan where the rate varies during the term, such as by being related to
the bank base rate.
floating rate note Form of currency loan, particularly denominated in the euro, which is
not at a fixed exchange rate.
float system System where petty cash is periodically topped up with sufficient funds.
The total amount held is not fixed, as in the imprest system.
flood “Includes any case where land not normally covered by water becomes
covered by water” (Flood and Water Management Act 2010 s1(1)).
Floods from burst water mains or sewers are excluded.
floor loan American term for the amount a lender is willing to provide for a
commercial property which is to be let. The amount of the loan
increases as the floor space increases during construction.
floor trader Independent trader on a stock exchange who trades on his own account.
floor trading Trading on the floor of an exchange, which includes the method of
outcry. Since Big Bang most trading has been done on computers in
offices.
floppy disk for computers held 1.4 megabytes of data. These disks
started to disappear from use from around 2000 as compact discs,
DVDs and external hard drives became inexpensive and readily
available with a much large capacity.
floppy disk Standard 3.5 inch disc in a plastic cassette used by computers. They
were widely used in the 1990s though now largely replaced by compact
discs, DVDs and USB datasticks. HMRC generally accepts data
submitted on a floppy disk.
floppy drive Drive on a computer for playing floppy disks. This may be built into
the computer or be a separate computer peripheral.
FLR (1) Family Law Reports, series of law reports from 1980.
(2) Federal Law Reports, series of Australian law reports from 1956.
fluid ounce Imperial unit of liquid capacity. It is equal to 1/20 of a pint, 1.7339
cubic inches or 28.413 millilitres.
fly money Term used by police to describe funds they use to catch criminals, such
as by undercover officers buying drugs or stolen goods.
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f o b contract Contract for export of goods where the seller’s duty is completed by
placing the goods on board a ship.
foddergrains Type of cereal, namely barley, oats, maize, sorghum and millet. These
are also known as coarse grains
fold flat crate Plastic crate which can be collapsed for storage.
folkland Old term for common land subject to duties being paid to the king.
folly Building erected on a whim with no obvious purpose. Many such follies
are now listed buildings.
By extension, the term has come to mean any foolishness.
Type faces are generally either serif or sans serif. This means that
they have or do not have respectively little lines or serifs:
A A
Serif face Sans serif face
food For VAT, food is generally zero-rated for VAT under Value Added Tax
Act 1994 Sch 8 Group 1.
The zero-rating applies to food for human consumption, animal
feed, seeds to produce food, and animals which produce food in any
way (eg pigs, cows, bees). Zero-rating does not extend to ice cream and
similar, confectionery, alcoholic drink, manufactured beverages, crisps
and similar snacks, pet foods, catering and hot takeaway food and
drink. Further details are provided in VAT leaflet 701/14.
For income tax and corporation tax, food consumed while away on
business or in entertaining staff is generally tax-deductible for the
business and not taxed as a benefit in kind on the recipient. Other costs
may not be allowable. A leading case on this is Edwards v Warmsley
Henshall [1967] 44TC431 which is discussed in the Inspectors’ Manual
at BIM 37925.
Food provided for customers comprises entertainment and is
usually not tax-deductible.
food additive Something added to food. VAT notice 701/14 states that a food additive
may be zero-rated as food if it:
• has some measurable nutritional content
• is used solely or predominantly, in the particular form in
which it is supplied, in the manufacture of food
• is not one of the excepted items, as set out in the notice.
food containers For VAT, ordinary food packaging is regarded as part of the food and
follows the same VAT treatment. A container that has a significant
value of its own (such as coffee sold in a storage jar) is a mixed supply
where the container is standard-rated. Further details are given in VAT
notice 701/14.
Food for Britain Current name for the Agricultural and Horticultural Co-operation. It is a
mutual trading organisation and is discussed in the Inspectors’ Manual
at BIM24715.
foot (1) Imperial measure of length equal to 12 inches, one third of a yard
or 304.8 millimetres. There are 5,280 feet in a mile. The term originally
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football pitch Unofficial unit of area, even though the size is not fixed under the rules
of Association Football. The average size is 114 yards by 74 yards,
giving an area of 8,414 square yards or 7,036 square metres.
football pools Form of betting where a person tries to predict the outcome of football
matches. It is subject to pool betting duty.
footpath Highway other than a footway where the public have the right of way
on foot only (Highways Act 1980).
foot the bill Pay the bill, or promise to pay it. The term comes from the old custom
of signing the bottom of a bill to indicate a promise to pay.
footway Part of a highway where the public have a right of way on foot and
where other parts have a right of way for vehicles (Highways Act
1980).
Footsie The popular name for the FT-SE 100 Share Index, the UK
stockmarket's main benchmark index, which measures the daily share
price performance of Britain's top 100 public limited companies, ranked
by their size.
for [a tax year] Income Tax (Earnings and Pensions) Act 2003 s16 and s29 defines the
word “for” in the expression “earnings for a tax year” as being any
earnings which arose in the whole or part of the year.
forbearance to sue Giving up the right to sue someone. This can be valid consideration for
a contract, regardless of the merits for which the person may have
intended to sue. A leading case is Horton v Horton [1961].
forced realisation When the going concern accounting principle cannot be applied
because it is believed that the business faces insolvency.
The fixed assets are valued on the basis of what can be expected
from a quick sale, or fire sale. This is usually much less than the
written down value of such assets in a going concern.
forced sale Sale which takes place because circumstances have forced it, such as to
raise funds in a hurry or because a court orders a sale.
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forcible entry Common law criminal offence of using force to enter occupied
premises other than as permitted.
foreclosure Selling a property because the owner cannot afford to pay a secured
loan. A common example is when a mortgage is not being repaid.
foreign bill Bill of exchange other than an inland bill. There is a different
procedure if the bill is dishonoured.
foreign business In the context of life insurance, means “overseas life assurance business
or life reinsurance business to the extent that it consists of the
reinsurance of overseas life assurance business” (Income and
Corporation Taxes Act 1988 s431(2)).
foreign business assets “In relation to an insurance company, means assets, other than linked
assets, which either —
(a) are shown in the records of the company as being primarily
attributable to liabilities of the company’s foreign business, or
(b) are attributable, under the law of a country or territory outside
the United Kingdom, to a permanent establishment of the company in
that country or territory through which it carries on foreign business”.
(Income and Corporation Taxes Act 1988 s431(2)).
foreign company Company incorporated outside the UK but having a place of business in
the UK.
foreign currency account Bank account in a currency other than that normally used by the
customer.
For inheritance tax, such accounts are usually excluded from the
personal estate by Inheritance Tax Act 1984 s157.
For income tax and corporation tax, the implications of such an
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foreign currency assets Term used in taxation of insurance companies. A full definition is
contained in Income and Corporation Taxes Act 1988 s431(2).
foreign currency reserves Amount of money which one government owns in the currency of
another government.
foreign dividend “Any annual payment, interest or dividend payable out of, or in respect
of the stocks, funds, shares or securities of:
(a) a body not resident in the United Kingdom, or
(b) a government or public or local authority in a country outside
the United Kingdom.” (Taxes Management Act 1970 s18(3G)).
foreign earnings Tax term for income which arises from overseas activities.
foreign enlistment Criminal offence of enlisting oneself or someone else into the armed
forces of a country with whom the Crown is at war (Foreign Enlistment
Act 1870).
foreign exchange Business of exchanging one currency for another. If the money is
physically changed to another currency, it is said to be converted. If an
amount which remains in one currency is simply stated as a value of
another currency without being changed, the amount is said to be
translated.
The tax implications are discussed in the Inspectors’ Manual from
BIM39500.
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foreign exchange market Place where foreign currencies are bought and sold.
foreign exchange reserves Another name for foreign currency reserves, the amount a
government hold in a currency other than its own.
foreign investment Investment in a business or financial product from outside the UK.
foreign judgment A judgment of a non-UK court. There are special rules in determining
whether it is enforceable by UK authorities.
foreign law Any legal system other than English law but which is recognised in that
territory. Scots law is regarded as foreign law in English courts.
An English court may require evidence as to what the foreign law
is. English courts may refuse to uphold foreign law that is against
English public policy, penal or revenue laws.
foreign money order Money order payable in a foreign currency, usually to someone in a
foreign country.
foreign rights Legal entitlement relating to a foreign country, such as the right to sell a
product there.
foreign service allowance Payment to government employees to meet additional costs of living
outside the UK. It is exempt from tax under Income Tax (Earnings and
Pensions) Act 2003 s299.
foreign trade Trade with other countries, as against domestic trade in one’s own
country.
foreign travel order Order restricting a person’s right to travel overseas when they have
been convicted of a sexual offence (Sexual Offences Act 2003 s114).
forensic science Scientific analysis of material in connection with the law, particularly
the analysis of material to determine whether it is connected with a
crime.
forex matching Matching of foreign exchange such as in Midland Marine. The tax
implications are discussed in the Inspectors’ Manual at BIM39522.
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forfeit Loss of property without compensation, such as when illegal goods are
seized by Customs officer or when a final call is not paid on shares.
forged die Die or similar item used to make false stamps to avoid stamp duty.
Under Stamp Duty Act 1891 s16, an order may be made to search for
such dies.
forgery Any document or item which is not what it seems and is intended to
deceive. The nature of forgery is the falseness of the document or item,
so a hoax £9 note is not a forgery.
Forgery can be a criminal offence.
fork out Pay for. The term comes from the old slang use of “fork” meaning a
finger, so forking out meant opening the hand.
form letter Standard letter which can be sent out widely with small adaptations to
the circumstances, such as a letter chasing payment or a letter from an
auditor confirming account balances.
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formal documents Documents which formally set out an agreement, policy, offer or
similar, particularly in connection with a takeover bid.
former civil partner Person with whom someone was in a civil partnership which has
subsequently been dissolved or annulled. Such a person may make an
application to the court in relation to property and financial matters
under Civil Partnership Act 2004 s68.
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forty-niners Miners who took part in the 1849 California gold rush.
forum rei Latin: forum of the thing. Court of the country where a dispute is heard.
forum shopping Practice of choosing a country whose laws are most likely to produce
the desired result in litigation.
forward delivery Delivery for an agreed future date, particularly under a contract.
forward market Market for purchasing goods in the future, particularly in relating to
commodities, oil and foreign currency.
forward sales Sales for delivery at a future date, particularly of shares, commodities
and oil.
forwarding address Address to which a person’s mail may be redirected, such as after a
change of address.
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forwarding agent A person or company who is a specialist in customs procedures and the
international carriage of goods, and acts on behalf of importers and
exporters.
foster Person who looks after a child without requiring any rights of a parent
or guardian.
foster parent Person who looks after a child or children without acquiring any legal
rights of guardianship.
A foster parent may have class 3 contributions credited from 6 April
2010 under Social Security Contributions and Benefits Act 1992 s23A.
foul bill of lading Bill of lading which states that the goods arrived in a bad condition.
foundation In the USA, a private non-profit organisation with funds and a program
managed by its own trustees and directors, established to further social,
educational, religious or other charitable activities by making grants.
A private foundation receives its funds from, and is subject to
control of, an individual family, corporation or other group of limited
number. In contrast, a community foundation receives its funds from
multiple public sources and is classified by the IRS as a public charity.
four-ale Old slang for a very cheap beer, originally sold at four pence per quart.
four-day order Supplemental order of a court where a previous court has required an
act to be performed but not specified the time. The time in the
supplemental order is not necessarily four days.
Fourth Directive This expression usually refers to the European directive on company
law that requires all company accounts to be true and fair. This
directive was introduced into English law by Companies Act 1981 and
has subsequently been consolidated, although the concept of true and
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fourth quarter The last three months of a particular year. In a calendar year, it is the
period from 1 October to 31 December.
fraction (1) Number, usually less than 1, expressed as one number divided by
another, as against a decimal. Thus ⅝ and ⅔ are fractions.
(2) Colloquially, a small amount, as in “we received only a fraction of
the replies we expected”. This meaning is deprecated as imprecise:
99/100 is a fraction.
fractional certificate A certificate for part of a share. Such a certificate cannot normally be
issued in the UK.
franc Currency of France before it adopted the euro in 2002. It is still the
currency in other countries, such as Switzerland.
franchisor Person who runs a business which allows others to use the name, and
provides certain other services to franchisees.
franked income Income on which tax has been paid, such as for a dividend.
Franks Committee Body which sat in the 1950s under Sir Oliver Franks to look into the
operation of tribunals.
fraud compensation levy Levy which may be imposed on occupational pension schemes under
Pensions Act 2004 s189 to fund the Fraud Compensation Fund.
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fraud on a power Old offence of using a power to one’s own advantage. Under modern
fraud law, this is now abuse of power.
fraudulent misrepresentation
Misrepresentation which a person makes knowingly, or without
believing it to be true, or who is reckless or careless as to whether the
representation is true (Derry v Peek [1889]).
Fraudulent misrepresentation allows the other party to void the
contract and to claim damages.
Such misrepresentation is also actionable as the tort of deceit, and
may also be the crime of fraud.
fraudulent misrepresentation
Offence of deliberately making a false statement as a means of
dishonestly obtaining money from a customer.
fraudulent trading Criminal offence when a business is set up for fraud (Insolvency Act
1986 s213).
Freddie Mac The popular name for the Federal Home Loan Mortgage
Corporation (FHLMC).
The body was set up in 1970 by the US federal government to
expand the secondary market for mortgages in the USA. On 7
September 2008, the body, with Fannie Mae, were in effect
nationalised after they got into serious difficulties.
free assets amount Term used in taxation of insurance companies. It means “the excess of
the value of the company’s long-term business” over its liabilities of
that business plus relevant money debts and shareholders’ excess assets
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free banking Terms between a bank and its customer whereby no charge is made for
operating the account or for normal transactions. In practice, such “free
banking” is funded by heavy charges for unauthorised overdrafts,
dishonoured cheques and the like.
free bench Legal term for the old right of a widow to an interest in a copyhold
estate. It was abolished in 1922. The Latin is francus bancus.
freeboard Vertical distance amidships from the upper edge of the deck line to the
upper edge of the load line mark.
free churches Churches of non-conformist traditions that are free of state control, such
as Methodist and Baptist churches.
free circulation Goods are in Free Circulation if they are wholly produced in the
European Union (EU), unless they are Common Agricultural Policy
(CAP) goods on which an Export Refund has been claimed. Goods
imported from outside the EU are in Free Circulation if all import
formalities have been completed and all Customs charges have been
paid and not refunded, wholly or in part.
free competition When businesses are allowed to compete without interference from the
government.
free coup Place in Scotland where rubbish may be dumped free of charge.
free cover level The maximum amount of benefit for which an insurance company is
prepared to insure a member of a group insurance scheme without the
member needing to provide evidence of good health.
free currency Currency which may be bought and sold without restriction or
interference from the government which issues it.
freedom of encumbrance Freedom of property from rights of anyone other than the owner.
freehold Ownership of land and all that is on it, under it and over it.
free house Pub that is not tied to a brewery and may sell any beer it wishes.
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free movement Movement of goods, people, capital and services without undue
restriction.
free on board (FOB) Description of a price which includes the cost of placing the goods on
board a ship.
The term applies to a contract of sale where the seller pays the
shipping costs. The goods are regarded as having been delivered to the
buyer once they are on board. The buyer then bears the risk for such
perils as being lost at sea.
free pay Term once used for the amount of pay on which an employee paid no
tax as indicated by their tax code. The term is now replaced by pay
adjustment following the introduction of K codes where the amount
otherwise known as free pay is added to gross pay.
free reserves Part of the reserves of an organisation which are not allocated or
required for any particular purpose, and which the organisation may
therefore use as it wishes. The term particularly applies to the amount a
bank may have above those required by its regulatory body.
free trade System whereby goods may be bought and sold without government
interference. The term particularly applies to trade between different
countries.
free trade area Group of countries which have agreed that goods may be sold between
them without government interference.
free trade zone Group of countries which have agreed that goods may be sold between
them without the imposition of any Customs duties or import duties.
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free trial Period during which a customer is allowed to use goods or services
with a view to possibly buying them.
freeview box Box which connects to a television set allowing some digital channels
to be received without any further payment.
free warehouse Warehouse in a free zone where goods may be held without payment of
customs duty or VAT.
freeze bank American term for a refrigerated stock of perishable goods, particularly
human organs. The quality of the refrigeration affects the value of the
goods.
freezing an account Court order preventing a person drawing money from a bank account or
similar.
freezing order (1) Order which the Pension Regulator may serve on a final salary (or
defined benefit) occupational pension scheme under Pensions Act 2004
s23. The order has the effect of preventing any benefits accruing and
prevents any winding up.
An order may have additional provisions about not permitting new
members or not allowing contributions or payments to be made. The
order is made while consideration is given as to whether to wind up the
scheme.
(2) Order a court may serve on a person preventing them from
transferring assets abroad.
Such an order was previously known as a Mareva injunction.
free zone A designated and approved area where imported goods may be stored
without payment of VAT or import duty. It is created under Customs
and Excise Management Act 1979 s100A.
free zone goods Goods within the designated free zone area which have met the
necessary requirements to gain free zone status.
free zone manager The company authorised in the designation order as the responsible
authority for controlling the free zone.
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freight Cost of transporting goods. The word sometimes refers to the goods
being transported.
freight forward Deal whereby the customer pays for his goods to be delivered.
freight forwarder An intermediary who arranges for the carriage of goods and/or
associated services on behalf of a shipper, importer or exporter.
French leave Old term for absence from work without permission.
[The French returned the compliment with their equivalent expression
of s’en aller à anglaise.]
French war taxes Taxes levied from 1522 by a specially recalled Parliament (which had
not sat since 1515) to fund the war with France.
frequent absences For statutory sick pay, frequent short absences for sickness. An
employer may seek advice from Medical Services as explained in
HMRC booklet E14. While the matter is being investigated, statutory
sick pay must continue to be paid to an eligible employee.
freshwater fish For VAT purposes, fish for eating are zero-rated but ornamental and
coarse fish are standard-rated. VAT notice 701/15 zero-rates eels,
salmon, trout and “other fish recognised as food for human
consumption”. It standard-rates bream, perch, pike, carp and tench.
friendly alien An alien who is not an enemy alien. The term basically means a citizen
of any non-UK country with which Britain is not at war.
friendly suit Legal action between two people who are not in dispute but need the
guidance of the court.
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friend of the court Legal term for someone not connected with a case but who points out
some matter that the court may otherwise overlook.
friends group Body set up to help another body (such as a church or school) but
which is legally independent of that other body. Its funds are therefore
not aggregated with the other body.
frontager Person who owns land that abuts a highway, river or shore.
front bench Spokesman for a political party, so-called because he sits on a front
bench in Parliament.
front end loaded Description of an insurance or investment scheme where most of the
charges are made in the early period.
front (1) Start, such as of a contract period, and used in expressions such as
“payment up front”.
(2) Side of a building which contains the main entrance or is visible
from the street.
(3) False persona assumed by a person to conceal their real nature.
front-ended Description of a tax relief that is given straight away, as against a back-
ended relief which is given later, such as on the disposal of an asset.
frontier Any place where goods are still to be notified formally to HM Customs
and Excise by placing them under a nominated customs procedure.
frozen assets Assets which cannot be sold, usually because there is a legal process in
hand whereby someone is making a claim against them.
frozen food For VAT, food that is sold frozen but must be thawed before eating is
zero-rated as food. Food that is sold to be eaten while frozen (such as
ice cream) is generally standard-rated. The exact scope is set out in
VAT notice 701/14.
frozen pension Pension fund where the amount does not increase and whose value in
real terms therefore reduces each year by inflation.
Before 1 July 1988, an early leaver in an occupational pension
scheme had a frozen pension whose value when he eventually retired
could be much less than when the scheme was frozen. Since 1 July
1988 the benefits of such a deferred member must be uplifted each
year by the lower of inflation and 5%. It is still possible to encounter
frozen pensions overseas.
fructus industriales Latin: fruits of industry. Crops which are the result of human effort,
such as cereals and potatoes. The tax implication is discussed in the
Inspectors’ Manual at BIM35410.
fructus naturales Latin: fruits of nature. A description of crops which grow naturally such
as grass and timber. The tax implication is discussed in the Inspectors’
Manual at BIM35410.
fruit machine Gambling machine where a lever is pulled to set wheels spinning. If
they stop with the same picture of fruit appearing across the wheels, the
player wins a multiple of his stake. Some other symbols were used,
including a bell on machines made by the Bell Fruit company. The
early machines not only used fruit pictures but dispensed small pieces
of fruit as prizes.
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FSAVCS A registered pension scheme that was originally approved by the Board
before 6 April 2006 as a retirement benefits scheme by virtue of section
591(2)(h) Income and Corporation Taxes Act 1988, established by a
pension provider or the trustees of an approved centralised scheme for
non-associated employers to which the employer does not contribute
and which provides benefits additional to those provided by a scheme to
which the employer does contribute.
FT Financial Times
FTSE An index compiled by the Financial Times that is made up of all the
companies listed on the UK Stock exchange (over 800).
The purpose of the index is to provide a benchmark of the
performance of the stock market as a whole. This benchmark is often
used to measure the effectiveness of a fund manager.
An annuity which is payable for a fixed period regardless of whether
the annuitant survives, and thereafter only while the annuitant is alive.
Annuities guaranteed for 5 years are very commonly used in
conjunction with pension arrangements.
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FTSE-100 Index of the stock market prepared by the Financial Times based on the
value of shares for the 100 leading UK companies.
fuel benefit Another term for car fuel benefit, when an employee is provided with
petrol or other road fuel for private use.
fuel duty stabiliser Mechanism to reduce the duty on road fuel when the price of raw
material rises, and vice versa. This would reduce the fluctuations in
petrol and diesel prices. It was proposed in 2010.
fuel oil Heavy oil which contains in solution an amount of asphaltenes of not
less than 0.5%, or which contains less than 0.5% but not less than 0.1%
of asphaltenes and has a closed flash point not exceeding 150°C
(Hydrocarbon Oil Regulation 2).
fuel poverty Inability of a person to afford to buy sufficient fuel for a reasonable life.
The government may make schemes to address fuel poverty under
Energy Act 2010 s9. Other provisions include the winter fuel
allowance and cold weather payments.
fuel substitute Anything used in place of a hydrocarbon oil as a motor fuel. A fuel
substitute bears the same rate of excise duty as the fuel it replaces.
Fugger Family of wealthy German merchant bankers of 16th and 17th centuries.
The term has come to mean a wealthy person.
fugitive offender Person who has committed an offence in another country, particularly a
Commonwealth country or British dependency.
full birth certificate Certificate providing full details of a person’s birth, as against a short
birth certificate which provides just a summary.
full house (1) In theatres and similar establishments, when all tickets have been
sold for an event and revenue is therefore maximised.
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full indexation Where a figure increases in line with an index regardless of how large
that increase is. This applies particularly to index-linked pensions and
some forms of savings, such as National Savings.
Where a figure increases by an index but only to a predetermined
limit, this is known as limited price indexation (LPI). An example is
LPI providing RPI-indexation to a limit of 5%. If the RPI increases by
3%, the pensioner receives 3% indexation. If the RPI increases by 6%,
the pension receives only 5% indexation.
full licence Licence which is not provisional, particularly for driving a motor
vehicle.
full production costs All the costs of producing an item, including all fixed and variable
costs.
full repairing lease Lease of property on terms whereby the tenant must pay all costs for
keeping the property in good repair.
full scale Of the full size, as against a small scale or trial project.
full service banking Banking which offers a comprehensive range of other financial
services.
full time education For social security, a condition that may have to be met to claim a
particular benefit. The conditions are usually that person is under the
age of 19 and attends a course of education for at least 21 hours a week.
full-time employee For the purposes of loans for employee-controlled companies, the term
means “an individual the greater part of whose time is spent working as
an employee or director of the company or of a 51% subsidiary of the
company” (Income Tax Act 2007 s396(5)).
full time equivalent (fte) Method of counting the size of the workforce, particularly when it
includes part-timers.
Each part-timer is counted as a fraction of a full time worker, so
someone who works three days out of five counts as 0.6. These
fractions may be added to give the fte figure for a department or
organisation.
full-employment equilibrium
Economic term for the level of national income at which everyone who
wants to work can do so.
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full-service factoring Debt factoring where the factor takes over the whole administration of
the sales ledger.
full-time work Term used in connection with eligibility for certain social security
benefits. For employment support allowance, the term means working
for at least 24 hours a week.
fully paid Description of shares on which the amount of share capital has been
paid in full to the company.
fully paid up capital Shares where all the funds to buy them have been paid.
fully reportable Description of savings income that must be reported in full by the
paying agent.
functional currency Currency of the primary economic environment in which the entity
operates (FRS 13).
functional fixed asset Item of tangible property which is intended to further the purposes of
the organisation. The term is particularly used for charities.
functions In relation to HMRC, Finance Act 1989 s182 apportions these between:
• tax functions
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fund accounting Preparation of accounts for an organisation which has the nature of a
fund.
fundamental analysis In investment, research for decision making based on the accounts of
the companies under consideration.
fundamental research In investment, examination of the basic factors which affect a market.
funded company Company which is funded by another (Income and Corporation Taxes
Act 1988 s209(11)).
funded scheme In pensions, a scheme where sufficient money is held in a fund to meet
its obligations (SSAP 24).
funding bond General term for a share, security, bond or other form of certificate of
indebtedness. It is sometimes used instead of cash to pay a dividend.
The tax provisions for a funding bond are found in Income Tax
(Trading and Other Income) Act 2005 s380 as amended. This basically
requires the bond to be treated as a cash payment with the usual tax
deducted at source.
funding lease In tax law, the term that Finance Act 2006 gives to what is usually a
finance lease.
Under the tax provision, the lessee and not the lessor is entitled to
the capital allowance provided the lease is:
● a finance lease under GAAP in the accounts of the lessor;
● one where the present value of the minimum lease period is
equal to or greater than 80% of the fair value of the leased plant; or
● one where the term of the lease is more than 65% of the
remaining useful economic life of the leased asset.
A funding lease is then classified as either a short lease or a long
funding lease, where the former usually has less than five years to run.
funding level In pensions, amount held by the fund as a ratio to the acturial value of
the fund’s requirements to meet its obligations.
funding plan In pensions, the timing of payments to meet the future cost of pension
benefits.
fund manager Person employed to invest money on a collective basis, such as for a
unit trust.
fund of funds (FOF) A collective fund, such as a unit trust, which invests in other funds.
They have the advantage of very wide risk-spreading but can have the
disadvantage of two sets of charges.
fund raising Any activity primarily conducted to generate income such as for a
charity or voluntary body.
A business that does this commercially is regulated by Charities Act
1992 ss59-64.
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funds Imprecise term that means the liquid resources available to a person or
business either generally or in a specific context.
For terrorist assets, the term is defined to mean “financial assets and
benefits of every kind, including (but not limited to) —
(a) cash, cheques, claims on money, drafts, money orders and
other payment instructions;
(b) deposits with relevant institutions or other persons,
balances on accounts, debts and debt obligations;
(c) publicly and privately traded securities and debt
instruments, including stocks and shares, certificates representing
securities, bonds, notes, warrants, debentures and derivative products;
(d) interest, dividends and other income on or value accruing
from or generated by assets;
(e) credit, rights of set-off, guarantees, performance bonds and
other financial commitments;
(f) letters of credit, bills of lading and bills of sale;
(g) documents providing evidence of an interest in funds or
financial resources;
(h) any other instrument of export financing”
(Terrorist Asset-Freezing etc Act 2010 s39(1)).
funds in court Money held by a court for the benefit of someone, usually while
beneficial ownership is being litigated.
For capital gains tax purposes, the court is regarded as a nominee
(Taxation of Chargeable Gains Act 1992 s61).
funds statement American term for an analysis of changes in working capital that all
public corporations must report.
funeral expenses grant Social Fund payment to a person on means-tested benefits who
becomes responsible for arranging a funeral.
fungible assets In accounting, “assets that are substantially indistinguishable one from
another, in that there is no basis on which to distinguish between them
in economic terms” (FRS 18 para 10). The FRS continues with further
explanation.
Fungible assets may be a quantity of indistinguishable assets, such
as a stock of washers, or may be a quantity of gas or liquid.
furcam et flagellum Lowest form of tenure in the middle ages. The term is Latin for gallows
and whip, indicating their total dependence on their master.
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further assurance In contracts for property, a covenant to make to the purchaser any
additional assurance that may be necessary to complete the title.
future delivery Contractual term where delivery of goods is to happen at a future date.
future economic benefits In accounting, term used to define an asset. An asset must be capable of
generating future economic benefits, not necessarily on its own.
An asset may be so recognised if the benefit is uncertain, but not if
it is remote. Something acquired as an asset is accounted as such, even
if it can become a liability, as in a forward contract.
future estates Estates which have yet to come into existence. Such estates may be
created by trusts, wills, contracts or by other means. Since 1925, such
an estate is an equitable interest.
future goods Goods for sale which are not yet in the ownership or possession of the
seller, unlike existing goods. (Sale of Goods Act 1979 s5(1)).
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future plans Tautology which simply means “plans”. You cannot plan for the past.
future shock Term once used to denote the stress and disorientation felt by salesman
faced with constant changes in the market.
future value (FV) Value to which a sum of money will increase over time.
futures exchange Market, such as LIFFE, where futures contracts may be traded.
fuzzy logic Computer application which seeks to interpret data in a human way. It
is similar to artificial intelligence.
Photographing an object is an ordinary computer application.
Identifying the objects is fuzzy logic.
Taking a film of a crowd is an ordinary computer application.
Detecting movements and gestures which could indicate trouble is
fuzzy logic.
FV Future value.
FVA Fair value of the assets (as used in Income and Corporation Taxes Act
1988 s444ABB).
FY Financial year.
G
G For council tax, the second highest band of property values (except for
Wales). The band applies to these property values:
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G20 The twenty countries with the largest economies. They held a summit
meeting in 2007 and an important meeting in 2009.
GAD tables The Government Actuary's Department Tables on a single life basis.
gain (1) In accounting, means all profits, surpluses and other gains.
Statement of Principles defines gains as “increases in ownership
interest not resulting from contributions from owners” (para 4.39).
(2) In tax, the term gain is usually distinguished from profit to mean a
capital gain.
(3) For fraud, the term means a gain in money or other property,
whether that gain is temporary or permanent.
Property means any property, real or personal, including things in
actions and other intangible property (Fraud Act s5(2). A gain includes
keeping what one has in addition to getting what one does not have
(ibid s5(3)).
Gaitskell, Hugh English Labour politician (1906-1963) who was Chancellor of the
Exchequer from 19 October 1950 to 26 October 1951 in the
government of Clement Attlee. The Korean war added to the financial
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strains from the second world war which led him to introduce
prescription charges that have remained ever since.
From 1955 to 1963, he was Leader of the Opposition.
gallon Imperial unit of liquid capacity equal to 8 pints, 277.42 cubic inches or
4.546 litres. The measure was the basis of alcoholic liquor duty before
1980.
galloping inflation Colloquial term for inflation which seems to be out of control.
gambling Any form of wager. The elements are that a person places money on the
basis that if an unknown future event happens, that sum and further
money will be repaid.
Gambling is not a trade (Graham v Green ]1925] 9TC309).
However being a bookmaker can be a trade (Partridge v Mallandaine
[1886] 18QBD276).
This definition also applies to insurance, the difference is that
insurance is intended to compensate for a loss already suffered, whereas
gambling is for gratuitous gain. This can be an issue in investing, where
such financial instruments as options and futures can be used for either
gambling or insurance.
Traditionally, gambling has been seen as immoral. The commonest
reason is that it is addictive and can easily lead to ruin. For this reason,
the UK has a policy of imposing severe restrictions on gambling,
without banning it.
The two common forms of gambling are gaming and betting. The
former is gambling on a chance event, such as the throw of a dice. The
latter is gambling on a future event, such as the result of a horse race.
Gambling Commission Body corporate established under Gambling Act 2005 s20 as a
successor to the Gaming Board for Great Britain.
gambling policy In marine insurance, a policy where the supposed beneficiary has no
insurable interest. Such a policy is void, and attempting to effect such a
policy is an offence under Marine Insurance (Gambling Policies) Act
1909 s1.
gambling software Computer software “for use in connection with remote gambling” but
which is not solely for use in a gaming machine. A licence is needed to
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game of chance For the purposes of gambling, a game of chance is one which either
requires no skill from the participants (as in a lottery), or which
requires some skill, judgment or knowledge on their part, but “the
requirement cannot reasonably be expected to prevent a significant
proportion of persons who participate in the arrangement of which the
process forms part from receiving a prize” (Gambling Act 2005 s15(5)).
gaming Game of chance played for winnings, such as bingo and whist drives.
To be gaming, every participant must have a chance of both winning
and losing.
Above a certain limit, a licence is needed.
gaming duty A duty payable on the gross gaming yield for premises where gaming
takes place. It applies only to certain specified games, or to games
essentially similar to them.
s1.
gaol Prison. In USA, it is spelled jail. The words have the same
pronunciations.
gaol delivery Right of a judge to have prisoners awaiting trial released from gaol to
him to hear their case. This right is now contained in Courts Act 1971.
gap analysis In marketing, an examination of the market to identify any need not
otherwise being satisfied.
gap financing Additional loan to cover a need for which finance is not otherwise
available.
gap financing American term for a temporary loan to cover any shortfall in funding
between the maximum permanent loan and the floor loan.
A floor loan provides funds according to the amount of floor space
that has been built during construction.
gap year Period of about one year when a person who has completed a course of
education delays the start of work or further education, for such a
purpose as travelling or gaining experience in a different environment.
garage For council tax, a garage is not a chargeable dwelling unless it belongs
to a property for domestic occupation or has a floor area of up to 25
square metre and is used primarily to house a car.
gas One of the states of matter, of which the other two are solid and liquid.
In particular, the term is used for flammable gas used for heating and
power.
For VAT, the supply of gas for fuel is a supply of goods. When
supplied for domestic or charity use it may be reduced-rated under
Value Added Tax Act 1994 Sch 7A Group 1. Further details are
provided in VAT notice 701/19.
Gases that are not used for fuel (such as nitrogen and chlorine) are
generally not zero-rated, even if combustible (such as hydrogen), except
that oxygen and anaesthetic gases may be zero-rated or exempt as a
health supply, as explained in VAT notice 701/31.
Gas as road fuel is always standard-rated.
gas oil “Means heavy oil of which not more than 50 per cent by volume distils
at a temperature not exceeding 240°C and of which more than 50 per
cent by volume distils at a temperature not exceeding 340°C”
(Hydrocarbon Oil Duties Act 1979 s1(5)).
gateway General term for any form of entrance. For tax, the term is commonly
used for the access to government files relating to an individual,
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particularly for tax returns and tax credits. The individual is allocated a
12-digit user ID number.
Gateway Agent Identifier A form of user ID issued by HMRC to tax agents which allows the
agent to file returns on behalf of clients.
gateway test Term used in relation to worldwide debt cap. The gateway test
compares UK net debt with worldwide gross debt.
GATT General Agreement on Tariffs and Trade - the agreement was designed
to provide an international forum that encouraged free trade between
member states by regulating and reducing tariffs on traded goods and
by providing a common mechanism for resolving trade disputes.
General Agreement on Tariffs and Trade (GATT) membership now
includes more than 110 countries.
gazette Official publication which prints statutory notices and other formal
statements. With a capital G, the word means The London Gazette
which publishes royal proclamations, orders in council and other formal
legal statements. The Gazette may be used as evidence for many
purposes.
GCCR Goode Consumer Credit Reports, a series of law reports first published
in 1882.
geared growth In tax, an avoidance method developed to breach the limits that
otherwise apply to company share option plans. The method was
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gearing ratio The gearing ratio shows the proportion of the total capital of the firm
that is loan capital. It therefore measures the extent to which the
company has borrowed. The higher the gearing ratio, the greater the
proportion of their capital the firm has borrowed and the higher the
interest payments the firm faces will be.
gelatine For VAT, gelatine is zero-rated when supplied for use in food but
standard-rated for purposes such as photography (VAT notice 701/14).
GEN Part of the Financial Services Authority handbook that contains general
provisions.
Gender Directive EU directive which requires member states to give equal treatment to
men and women in accessing publicly available goods and services.
gender reassignment Legal and (usually) surgical or hormonal procedure by which a person
comes to be regarded as being of the opposite sex to that in which they
were born. The legal process ends with a gender recognition
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certificate.
This change is effective for all purposes including tax, such as
cessation of liability to class 1 national insurance. It is an offence for an
employer to discriminate against someone who has had this procedure
(Sex Discrimination Act 1975 s2A).
For national insurance purposes, the change is only effective from
the issue of the certificate (M v HMRC. TC00638 [2010]).
general agent Person who has been given authority to act as agent for another person
on all matters of a particular type.
general annuity contract In relation to taxation of annuity business, “means an annuity contract
so far as referable to general annuity business” (Finance Act 1991 Sch 7
para 16(7)).
General Commissioners Lay people, similar in status to magistrates, who heard tax appeals.
They are independent from the tax authorities.
With the Special Commissioners, they comprised the Appeal
Commissioners. They are both replaced by tax tribunals from April
2009.
general earnings Tax term for all employment income except some items which are
counted as employment income. The definition is given in Income Tax
(Earnings and Pensions) Act 2003 s7(3).
general expenses Routine expenses incurred on a day-to-day basis for normal activities.
general fund (1) Unit trust whose investments are not restricted to a particular area.
(2) For non-profit organisations, a fund which may be used for any
purpose, as against a restricted fund.
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general insurance Insurance which covers most types of risk, such as for theft, loss and
damage. It does not include life insurance.
general insurer Term used in Finance Act 2007 Sch 11 para 3 in relation to technical
provisions relating to the taxation of insurance business.
general ledger Ledger which records a organisation’s income and expenditure which is
not recorded in any other ledger.
The term sometimes is used to mean the nominal ledger.
general lien Legal right to hold someone else’s goods until they have paid a debt.
For example, a repairer may hold goods until the repair bill is paid.
general partner Partner whose liabilities to the partnership are not limited.
General Protocol “The General Protocol relating to the collaboration of the insurance
supervisory authorities of the Member States of the European Union"
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general representative “A person resident in the United Kingdom who is authorised to act
generally, and to accept service of any document, on behalf of the firm”
(FSA handbook).
general reserve Money set aside to be used in the future to meet unforeseen
eventualities of any kind. Money side aside for a particular purpose is
called a special reserve.
general secretary For a trade union, this includes someone who holds an office which is
similar (Trade Union and Labour Relations (Consolidation) Act 1992
s119).
general ship Ship which carries goods generally, as against a chartered ship which
carries goods for only particular persons.
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general warrant Warrant for the arrest of people who are not named.
general words Old term for words of description added to the parcel clause in a
conveyance to transfer all the rights of property of the grantor. Such a
clause was made unnecessary by Conveyancing Act 1881.
gensaki Japanese bond market where there are agreements for the sellers to
repurchase the bonds at less than 12 months’ notice.
genuine triable issue Real dispute which must be resolved before a bankruptcy may proceed.
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geographical designation Indication of place from which goods come. Customs may seize goods
that have a false indication, as explained in Customs notice 34.
geographical immobility Situation where resources do not freely move from one location to
another.
It is a particular problem in the labour market as people are
reluctant to relocate.
geographical segment Geographical area where an entity operates and for which it can
produce segmental reporting (SSAP 25).
geographic segmentation Dividing a market into certain geographic regions eg towns, cities,
countries or neighbourhoods.
geographic spread Investment policy in relation to the countries whose products are held.
George, Henry American political economist (1839-1897) who pioneered the land
value tax and developed the doctrine of Georgism. An attempt to
introduce a form of his land value tax was made in the People’s Budget
of 1909.
Germany Member of the European Union, for which purpose the island of
Heligoland and Büsingen are excluded. Since 1990, Germany includes
the territory previously known as East Germany.
Gibraltar Order Common name for Financial Services and Markets Act 2000 (Gibraltar)
Order SI 2001 No 3084.
Gift Aid Tax provisions are contained in Income Tax Act 2007 ss413-430.
gift aid declaration A declaration that complies with HMRC requirements under the Gift
Aid scheme (Income Tax Act 2007 s428(1)).
gift aid supplement Addition to tax refunds to compensate for the reduction in tax rate in
2008. The reduction of the basic rate of income tax from 25% to 20%
reduced the rate of tax recoverable by charities under Gift Aid from
28.2% to 25%. To provide a measure of transitional relief, for two
years, the government will allow charities to reclaim at 28.2% and will
fund the difference itself.
gift and loan trust Discretionary trust where a small sum is settled but a large sum is
lent. The net value of the trust is therefore a small amount. It can be
used to shelter significant capital growth.
gift coupon Card or similar token which can be used to buy goods to a stated value,
often from a stated store or group of stores.
gift inter vivos Gift given during the lifetime of the donor.
gifts of business assets The capital gains tax implications are set out in Taxation of Chargeable
Gains Act 1992 from s165.
gift token Voucher which may be exchanged for goods in a shop or range of
shops.
Under PAYE, if the token can be exchanged for cash or for
something which is readily exchangeable for cash, provision by an
employer is treated as payment in cash and is subject to income tax
under PAYE and class 1 national insurance. If the token can only be
exchanged for goods, the employee may be liable to pay income tax on
its cost (unless covered by a PAYE settlement agreement or under the
Taxes Award Scheme), and the employer is liable to pay class 1B
national insurance.
gild (1) Voluntary association formed in England in the Middle Ages for
religious, benevolent, economic and social purposes. Many of these
gilds still exist.
(2) Cover or overlay with gold leaf or with any equivalent substance.
gill Imperial unit of liquid capacity, equal to one quarter of a pint, 34.677
cubic inches or 568.26 millilitres. Until 1971, certain alcoholic drinks
were dispensed as submultiples of a gill.
Gillespie ruling Decision of the European Court of Justice in a 2004 case. It held that a
woman receiving statutory maternity pay is entitled to have that pay
recalculated if she receives a pay rise during her maternity pay period.
The Gillespie ruling applies from 6 April 2005.
gilt An abbreviation for gilt-edged securities. These are bonds, loans etc
issued by the UK government or UK local authorities and are generally
considered to be one of the safer forms of investment. Although the
interest rate on the underlying value and the price at maturity are
guaranteed, the price will vary during the lifetime of a gilt; so there is
some element of risk.
ginger For VAT, the zero-rating for food applies to “ginger preserved in syrup,
drained ginger or dusted ginger... as long as it is not held out for sale as
confectionery”. Standard-rating applies to “crystallised, sugared or
chocolate covered ginger” (VAT notice 701/14).
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Ginnie Mae (GNMA) Common name for Government National Mortgage Association. This is
a US-government owned body that raises funds and is traded on the US
stock markets. It is regarded as a risk-free investment.
GISC facility The dispute resolution facility established by the General Insurance
Standards Council.
Gladstone, William English Liberal politician (1809-1898) who was Chancellor of the
Exchequer for four periods between 1852 and 1882. He was prime
minister for four periods between 1868 and 1894, twice serving himself
as Chancellor.
global account Aggregate accounts that must be produced by the Council of Lloyd’s.
global accounting Method of accounting for many small items rather than single items.
Such methods are particularly used by retailers who sell large quantities
of low value items.
There is a special VAT procedure when people sell large quantities
of second-hand goods, such as stamp dealers and coin dealers. They
may use the margin scheme for second-hand goods but calculate the
margin on the difference between stock and purchases between
accounting periods.
global credit shock Term used in Budget Report 2009 to describe events in mid-2007.
globe For VAT purposes, a globe is not regarded as a map and therefore is
zero-rated under Value Added Tax Act 1994 Sch 8 Group 3, according
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glove-money Old term for a gratuity given to an officer of a court or other servant.
glove tax Excise duty charged between 1785 and 1794 on gloves and mittens in a
similar manner to hat tax. It was considered futile and so repealed
earlier.
GM Gross margin
GMPs Stands for guaranteed minimum pensions and has the same meaning as
in the Pension Schemes Act 1993.
godless florin Nickname for two-shilling coin minted in 1849. The name comes from
the omission of “Dei Gratia” (by the grace of God) in the legend.
going concern The accounting basis which assumes that the entity will continue in
being for the foreseeable future. The opposite is forced realisation.
Users of accounts may assume that accounts have been prepared on
this basis unless the accounts specifically state otherwise.
The position is stated in FRS 18 para 21 thus:
“An entity should prepare its financial statements on a going concern
basis, unless
(a) the entity is being liquidated or has ceased trading, or
(b) the directors have no realistic alternative but to liquidate the
entity or to cease trading,
in which circumstances the entity may, if appropriate, prepare its
financial statements on a basis other than that of going concern”.
Para 23 adds, “when preparing financial statements, directors
should assess whether there are significant doubts about an entity’s
ability to continue as a going concern”.
Auditors are expected to consider this matter. They may express
comments about going concern while not requiring the accounts to be
prepared on an alternative basis. Examples include where there is an
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going concern basis The assumption that the business will continue operating into the
foreseeable future.
going concern value Value of assets or a business on the assumption that it will continue
trading for the foreseeable future.
gold For VAT, a supply of gold between a central bank to another central
bank is zero-rated under Value Added Tax Act 1994 Sch 8 Group 10, as
is a supply from the London Gold Market to a central bank.
Before 1 April 1980, this Group zero-rated all supplies of gold ingot
and gold coins. Gold coins held for investment are exempt from VAT.
gold bullion Gold in ingots or similar form of predetermined weight and provenance.
gold coin Coin made from gold, and now used solely as a store of value.
Gold has been a medium of exchange from earliest times. In Britain
gold coins ceased to be used for general circulation during the first
world war (1914-18) when replaced by banknotes. Gold coins are still
produced for bullion purposes. Eight gold coins remain legal tender: the
sovereign, half sovereign and gold £2 and £5 coins, plus the four
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Britannia coins.
For VAT, a gold coin is exempt as an investment gold coin if its
purity is at least 900 parts per 1000 and it is one of a long list of bullion
coins produced on EU list C291/23. British coins on this list include
sovereigns and half sovereigns, Britannia coins, gold £2 and £5 coins
and specially minted gold 50p pieces. Before 1 April 1982, gold coins
were exempt simply if they were legal tender in the country of issue.
Details are provided in VAT notice 701/12A.
Gold coins more than 100 years old may benefit from a VAT
scheme for antiques.
gold-digging Practice of looking for someone wealthy to sue, particularly the practice
of investors suing auditors of a company which becomes insolvent.
golden goose Business jargon for a company’s most valuable asset or product.
golden handcuffs Monetary incentive to make it too expensive for staff to leave.
golden handshake Large amount paid to a director or other senior employee at the end of
their employment or service contract. Such payments may be tax-free.
golden rule (1) One of the methods for interpreting an Act of Parliament. (The other
main methods are the mischief rule and literal rule.)
The golden rule means that words are given their ordinary meaning
unless this leads to absurdity. The rule was summarised in the case
River Wear Commissioners v Adamson [1877]. An example of an
unsuccessful attempt at an absurd interpretation in a tax case was
Hallamshire Estates Ltd v Walford. SpC 412 [2004].
(2) Principle announced by Gordon Brown MP when he became
Chancellor of the Exchequer in the 1997 that income and expenditure
must balance over the economic cycle. This was originally defined as
the period from 1999 (when the new Labour government was no longer
following the plans of the previous Conservative government) to
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2006/07.
The golden rule has been amended four times. The cycle was
backdated to 1997; spending on roads was excluded; government
subsidy to railways was excluded; and the end of the cycle was put back
to 2008/09.
golden share Share held by the government in certain privatised companies. The
golden share contains special powers such as the right to veto a foreign
takeover bid.
gold fixing System where the price of gold is fixed twice a day in US dollars in the
Gold Exchanges of London, Paris and Zurich.
gold grain Pebble-like pieces of gold, about 3mm in diameter and supplied in
various purities. It is used to make jewellery. From 29 November 1995,
this is included within the scope of gold for VAT purposes.
gold point Amount by which a currency linked to a gold standard may vary in
price.
gold standard International monetary system where the value of currency and other
assets is based on the value of gold.
The UK left the gold standard in 1931.
golf club Whether one is a mutual trade is discussed in the Inspectors’ Manual at
BIM24350.
Gomez case The European Court of Justice decision in Maria Paz Merino Gómez v
Continental Industrias del Caucho SA [2004].
This established that a woman is entitled to take her annual leave
after any period of maternity leave.
good faith For the purposes of bills of exchange, cheques and promissory notes, “a
thing is deemed to be done in good faith, within the meaning of this
Act, where it is in fact done honestly, whether it is done negligently or
not” (Bills of Exchange Act 1882 s90).
good faith When acting from honest motives. It can be relevant in particular
circumstances, particularly:
For the purposes of a holder in due course of a bill of exchange, if
it appears that there was any fraud, duress, force, fear or illegality, there
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is not good faith unless the holder proves otherwise (Bills of Exchange
Act 1882 s30(2)).
In employment, good faith means that someone acts from a proper
motive even if the decision subsequently proves to be unwise. This
concept is relevant in such areas as trustee insurance and
whistleblowing.
goods Items for sale which have a tangible form, as against a supply of
services.
In law, goods are all chattels personal other than money, legal
actions and items attached to the ground (such as growing crops).
Various statutes also offer limited definitions:
● “Shall include wares and merchandise” (Factors Act 1889
s1(3)).
•“includes stores and baggage” (Customs and Excise
Management Act 1979 s1(1)).
Goods and Services Tax Canadian tax on goods and services, which operates in a manner similar
to VAT.
goods in transit Goods that are in the process of being supplied from a supplier to a
customer. This is a specific category of insurance risk.
goods received note Internal document which may be produced within an organisation, such
as from a goods yard to the purchasing department as part of the
process for authorising payment of an invoice.
goods vehicle “Vehicle of a construction primarily suited for the conveyance of goods
or burden of any description” (Income Tax (Earnings and Pensions) Act
2003 s115(2) and s235(6)).
goodwill Value of a business above the value of its net assets. It is usually
expressed as a multiple of annual profits.
Goodwill includes internally generated goodwill, but this must
accord with accounting standards. Goodwill is not recognised for tax
purposes just because it appears in the accounts (Greenbank Holidays
Ltd v HMRC [2011] UKUT B11).
Goodwill on acquisition is the difference between the fair value of
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the amount paid for an investment in a subsidiary and the fair value of
the net assets acquired.
For tax purposes, a leading authority in goodwill was given in the
case IRC v Muller & Co Margarine Ltd [1901]: “it is a thing very easy
to describe, very difficult to define. It is the benefit and advantage of a
good name, reputation and connection of a business. It is the attractive
force which brings in custom. It is the one thing which distinguishes an
old-established business from a new business at its first stage”.
goose For VAT, geese for food are zero-rated, but ornamental geese are
standard-rated. VAT notice 701/15 states that the former includes
Brecon Buff, Chinese Commercial, Embdem, Roman, Toulouse and
derivatives and crossbreeds of these.
Goschen, George English Liberal politician (1831-1907) who was Chancellor of the
Exchequer from 14 January 1887 to 11 August 1892.
Goulburn, Henry English Conservative politician (1784-1856) who was Chancellor of the
Exchequer for two periods between 1828 and 1846.
Gourley The legal principle that a court award for compensation should reflect
the tax which would have been payable. For example compensation for
loss of earnings should reflect the tax which would have been payable
on those earnings.
This principle was established in the case British Transport
Commission v Gourley [1955].
government Collective term for the people and bodies which run the country,
including ministers and Parliament.
government backed Description of any activity, service, product or other thing which the
government supports in any way.
government bonds Gilts and other bonds and securities issued by the government to those
prepared to lend it money. Such bonds are treated by their holders as
investments.
government grants (1) Money provided by government to a business. Such state aid is
generally prohibited or restricted under EU law.
Historically various forms of grants were made, of which regional
development grants were particularly important.
(2) Payment by the Government towards the cost of local-authority
services. These are either for particular purposes or services (specific
grants) or to fund local services generally (revenue support grant).
government investment Funds provided by the government to assist a business. Corporation Tax
Act 2010 s92 contains provisions regarding the tax treatment when such
investment is written off.
government regulated Description of activity regulated by the government beyond the general
law.
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government support Financial, practical or moral assistance provided by the government for
a project or campaign which is run outside the government.
Governor-General includes any person who for the time being has the powers of the
Governor-General, and Governor , in relation to any British
possession, includes the officer for the time being administering the
government of that possession.” (Interpretation Act 1978 Sch 1).
grace period The specified period after a premium payment is due, in which the
policyholder may make such payment, and during which the protection
of the policy continues.
graduate Person who has passed the exams of a university or professional body.
graduated income tax Income tax where the rates increase on successive slices of income.
graduated taxation Tax system where the rate of tax increases in line with income or
(rarely) spending.
graduation of charge System of relief from estate duty granted in respect of gifts and
business assets. Relief was granted by Finance Act 1960 ss64 and 65
respectively. These provisions were repealed by Finance Act 1975.
grain Imperial unit of weight equal to 64.79891 milligrams. There are 7000
grains to the pound, or 437.5 to the ounce.
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granny annex Part of a building built or adapted as separate living accommodation for
a dependant relative (not necessarily a grandmother).
For council tax, this is a separate self-contained unit if a person
can live independently in it. It is not necessary for the annex to have
independent access from outside (James v Williams [1973]).
granny bond A bond issued by the UK government with enhanced interest or tax
privileges but restricted in availability to persons of pensionable age.
grant caeterorum Grant of representation that follows an initial grant regarding limited
property. The grant caeterorum gives the administrator power over the
remaining assets.
grant clause Clause in a contract that grants a right, particularly an exclusivity right
for a geographical area in a franchise agreement.
grant of confirmation Proof of legal authority required by the person entrusted with dealing
with the deceased’s estate in Scotland.
grant of double probate “A grant of representation where one executor does not wish to prove
the will and the right to join others later is reserved. When the non-
proving executor wishes to take up office later, a grant of double
probate is made. Application for this is made on the form Cap A5C
which is available from the Probate and IHT Helpline on 0845
3020900” (HMRC inheritance tax glossary).
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grant of option Giving the option-holder a right to acquire shares in the future.
Options must be granted under seal or deed or for consideration
(usually a nominal amount such as £1” (Inspectors’ Manual at BIM
44001).
grant of representation Proof of legal authority required by a person dealing with the estate of a
deceased person.
grant pendent lite An interim grant of representation which is effective for a limited
sum, such as while a will is being contested.
grants Term used for some ancient taxes such as the two parliamentary grants
of taxation in 1487 of tenths and fifteenths for the Battle of Stokes, at
the end of the War of the Roses.
gratuitous intent Intention for a transfer to be a gift or bounty, even if some charge is
made for it.
Gratuitous intent is a requirement for a disposition to come within
the scope of inheritance tax. If there is no such intent, such as in an
arm’s length sale, the transaction cannot come within the scope of the
tax.
gratuity Money given to someone in appreciation for their services but which is
not legally required, such as a tip.
Such payments are usually subject to income tax in the hands of the
recipient. Whether they are also subject to class 1 national insurance
depends on how it was provided. If paid other by the employer, such as
when a customer leaves cash on a table for the waiter, there is no class
1 national insurance payable. The waiter is obliged to declare the
gratuity to HMRC, but the employer is not obliged to deduct PAYE.
A gratuitous gift can come within the scope of inheritance tax.
gravity In relation to beer duty, “means the ratio of the weight of a volume of
the liquid to the weight of an equal volume of distilled water, the
volume of each liquid being computed as at 20ºC” (Alcoholic Liquor
Duties Act 1979 s3(1)(a)).
grazing licence Licence granted for a period of less than 12 months which allows the
licensee to graze animals or take grass from land for a season.
The existing of such a licence does not affect the ownership of the
land, so agricultural relief at the higher rate may still be claimed for
such land.
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grazing rights For VAT, such rights are usually zero-rated unless part of a wider
supply. The exact scope is explained in VAT notice 701/15.
Great Britain Britain (England and Wales) plus Scotland (Union with Scotland Act
1706).
The United Kingdom comprises Great Britain plus Northern
Ireland.
great depression Term used for a period of years in which the economy performed so
badly that there was extreme poverty for a large part of the population.
In particular, the term refers to the period from 1875 to 1882 in
Britain when the crops repeatedly failed because of bad weather.
(Sometimes it used for the Great Slump between 1929 and 1931.)
It also refers to the USA in the 1930s.
greater fool theory Business jargon for the notion that there is always someone willing to
pay a higher price.
great gross The number 1728 as a quantity. This is 144 (gross) multiplied by 12. It
was used for match duty.
Great Teacakes Case Name given to the protracted legislation between Marks and Spencer
plc and Customs and Excise (as it was) which started in 1994 about
VAT on teacakes.
The company sold teacakes were basically chocolate-covered
marshmallow on a biscuit base. The company standard-rated them as
biscuits but in 1994 the court held that they were zero-rated cakes.
The company attempted to claim back all the VAT it had added to
the price since the tax was introduced in 1973. This was restricted by
the three-year cap, which the company challenged, eventually winning
a limited concession from the European Court of Justice.
Customs then refused to repay more than 10% of the £3.5 million
being claimed on the grounds of unjust enrichment in that the
company could not repay the VAT to its customers.
Green Budget Report from the government on what it intends to include in the next
Budget.
green card (1) Special insurance card issued in the UK which allows a car to be
driven in most other countries.
(2) Identity card and work permit issued by the American authorities to
someone going to work there.
green channel Customs term for the exit at a port or airport to be used by a traveller
from outside the European Union, who is carrying no banned or
restricted goods, and no goods in excess of the personal allowance.
green currency Form of theoretical currency once used in the European Union for
making agricultural payments. Each country had its own currency fixed
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green gold Colloquialism for the value which can be obtained by extracting
reuseable materials from waste.
Green Paper Report from the government on intended legislation. Options which are
merely being considered are published in a White Paper.
green pound Form of theoretical currency once used in the European Union for
making agricultural payments in the UK.
green report Part of a company’s report which deals with environmental matters.
greenback Colloquialism for the US dollar, so called because of its prime colour.
Green Deal Policy announced in the June 2010 Budget to promote energy
efficiency in the home. (Red Book para 1.79)
Green Investment Bank Body announced in the June 2010 to promote investment in the low-
carbon economy (Red Book para 1.78).
grey market For shares, unofficial market, particularly in new shares which are
traded before the official market opens.
For goods, products that infringe trade marks and copyright. (This
term is used in Customs notice 34).
groat Silver coin worth 4p (four old pence before decimalisation in 1971).
The coins are still made for Maundy money.
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grogging Extracting spirits from the wood of casks. It is illegal under Alcoholic
Liquor Duties Act 1979 s34.
gross (1) A figure which includes an element excluded in the net equivalent.
For example, gross profit is turnover minus cost of sales. Net profit
requires the further subtraction of overheads.
(2) 144, particularly as a quantity of items for sale.
gross assets requirement Requirement that the tax relief under Enterprise Investment Scheme
depends on the company having gross assets no greater than £7 million
before investment and £8 million after investment (Income Tax Act
2007 s142 and s186).
The similar provision for VCT relief (Income Tax Act 2007 s297).
gross attributable tax Aggregate of sums of tax paid by controlled foreign companies in the
territories where they operate. A full and more detailed definition is
given in Income and Corporation Taxes Act 1988 Sch 26 para 4.
gross division approach Method of apportioning an estate where the residue of the estate is
shared between exempt and non-exempt beneficiaries (such as a
charity) so that they each receive the same gross figure before
deducting inheritance tax. This may avoid the need for double grossing
up. The matter was considered in the case re Ratcliffe [1999] STC 262.
gross earnings Total earnings before tax, national insurance and other deductions.
gross equity method In accounting, method where the investor’s share of assets, liabilities,
profits, gains and losses are shown on the face of the balance sheet and
profit and loss account (FRS 9).
gross estate Total value of a person’s property and other assets before deductions
for liabilities such as debts and taxes.
gross floorspace Total external floorspace, particularly of shops and other retail units,
excluding exterior walls.
gross gaming yield The gaming yield consists of two parts. For games where the house is
the banker, the yield is the total value of stakes minus the value of
players' winnings. For games where the bank is shared among the
players, the yield is the total of participation charges ('table money'),
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exclusive of VAT. The gross gaming yield is the sum of these two
amounts.
gross income Salary, wages or similar before deduction of tax and national insurance.
gross margin Sales minus cost of sales before deducting administration and selling
expenses (another name for gross profit). Usually applied when
discussing a particular line of activity.
gross pay Amount an employee earns before any deductions are made.
gross premium The actual premium paid by a policy holder before any tax relief or
discount is taken into account.
gross profit Sales minus cost of sales before deducting administration and selling
expenses (see also gross margin).
gross profit Turnover minus cost of sales, but before expenses have been
deducted.
gross receipts Total amount of money received before expenses are deducted.
gross receipts tax Tax that was levied in European countries before they adopted value
added tax. Such a tax was never levied in the UK.
The tax was levied on all sales income, so goods that had passed
from manufacturers and suppliers would be taxed more than once. VAT
avoids this problem by refunding the purchaser’s tax.
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gross salary Salary before income tax, national insurance and other deductions.
gross sales Income from sales before deductions for such matters as discounts,
commissions and returned goods.
gross spending The overall cost of providing a local authority’s services before
allowing for government grants or other income.
gross tonnage Official weight of a ship as defined under Merchant Shipping Acts.
For VAT purposes, this may be calculated by a special formula given
in VAT Notice 744C where there is not otherwise known. A ship is
generally zero-rated if its gross tonnage exceeds 15 tonnes.
gross turnover Income from trading activity before most deductions. The figure taken
usually includes any VAT and other duties charged on sales, but
excludes trade discounts given to customers. In short, it is simply a total
of all invoices issued during the accounting period.
ground rent Sum paid by a leaseholder to the owner of the freehold. This is usually
a small figure.
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groundwater “All water which is below the surface of the ground and in direct
contact with the ground or subsoil” (Flood and Water Management Act
2010 s6(4).
group accounts Accounts of a holding company and its subsidiaries which have been
prepared as if they were one company.
group annuity contract In relation to taxation of annuity business, “means a contract between
an insurance company and some other person under which the company
undertakes to become liable to pay annuities to or in respect of such
persons as may subsequently be specified or otherwise ascertained
under or in accordance with the contract (whether or not annuities under
the contract are also payable to or in respect of persons who are
specified or ascertained at the time the contract is made” (Finance Act
1991 Sch 7 para 16(7)).
group balance sheet Balance sheet of a holding company and its subsidiaries which has been
prepared as if they were one company.
group contract A contract of insurance made with an employer or other entity not
formed for the purpose of obtaining insurance that covers a group of
persons identified by reference to their relationship to that entity.
Several different types of insurance may be arranged on this basis,
including life, critical illness, income protection, private medical, etc.
group health insurance Health insurance written on a number of people under a single master
policy, issued to their employer or to an association with which they are
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affiliated.
group income protection Group Income Protection Insurance (also known as Permanent Health
Insurance, or PHI) gives sick and injured employees a replacement
income, and provides the means for the employer to retain staff even
when they are not contributing to the business. The benefit (typically)
becomes payable when the company's sickness scheme ends and
continues as long as the employee's absence lasts, right up to normal
retirement age.
group life insurance Group Life is designed to pay a benefit, in either lump sum form or as a
dependants' pension, on the death of the member.
group registration When a group of companies registers as if it were one company. This
applies to VAT. One company in the group must be designated as the
representative member.
group registration When two or more corporate bodies account for tax as a single taxable
person. All members of a VAT group are jointly and severally liable for
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any tax due to HMRC from the representative member of the group.
group relief When a loss suffered by one company may be offset against the profit
of another company in the same group. For these purposes, there must
be a 75% relationship. The relief is given by Corporation Tax Act 2010
Part 5.
group results The results of a holding company and its subsidiaries which have been
prepared as if they were one company.
group scheme In relation to employee share schemes, “ an employee share scheme set
up by the parent company of a group under which share-related benefits
are provided to employees of nominated companies in the group”
(Inspectors’ Manual at BIM 44001).
group service company Company in a group that provides a service to other companies, such as
payroll.
A reasonable charge from such a company is a tax-allowable
expense, are discussed in the Inspectors’ Manual at BIM38230. If
unreasonable, it may raise issues of transfer pricing.
growth stocks In investment, shares or similar security in companies that are expected
to grow in value more than their industry or national average.
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guarantee credit One of two elements of the state pension credit. The other is the
savings credit (State Pension Credit Act 2002 s2).
This element ensures that a pensioner’s income is made up to an
appropriate minimum guarantee.
guarantee payment Payment made to an employee who would normally be engaged for
work one day but where the employer has no work (Employment Rights
Act 1996 s28). The amount is revised each year from 1 February.
guarantee period The period for which an insurer will guarantee a quoted rate prior to it
being accepted.
The period for which a guaranteed annuity will continue regardless
of the survival of the annuitant
guaranteed income bond A single premium insurance contract providing payments at regular
intervals for a fixed period at the end of which the premium is returned.
guaranteed return One of the hallmarks of a tax planning scheme of which taxpayers are
advised to be wary, if the taxpayer appears to be involved in no risk.
guaranteed wage Wage which the employer promises will not fall below a stated figure.
Guaranteeing Association
Organisation that is approved by HMRC to issue Transports
Internationaux Routiers (TIR) Carnets.
guarantor Someone who undertakes to pay someone else’s debt if they fail to pay
it.
guarantor The person who undertakes to pay to HM Customs and Excise a sum of
money up to the level of a guarantee, for example a bank or a building
society.
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guillotine Old piece of office equipment which has a wooden base against which a
sharp lever slices of edges of paper. It is now largely replaced by the
trimmer.
guinea Gold coin first minted in 1663 with a value of 20 shillings, the same as
a sovereign. The name comes from the African country which provided
the gold.
Its value increased to 30 shillings in 1694, fell to 21s 6d between
1698 and 1717, before settling at 21 shillings from 1717. The coin was
last minted in 1813, but the guinea remained as a measure of currency
until decimal currency in 1971, from when it quickly fell from use.
gulden For VAT, gold investment coin issued by Austria and listed in VAT
notice 701/12A.
gutta cavat lapidem Latin: the drop wears away the stone. (Quote from Ovid)
H
H (1) Suffix used in tax codes up to 2002/03. Until 2000/01, it meant that
the taxpayer was entitled to the higher personal allowance (hence the
letter) or (from 1990/91) the single personal allowance plus the married
couple's allowance. In 2001/02, it denoted that the taxpayer was entitled
to the married couple's allowance and paid tax at the basic rate only. In
2002/03, it indicated that the taxpayer was entitled to the whole of the
children’s tax credit.
(2) Before PAYE was introduced in 1943, tax forms were designated H,
with H1 as the main tax return and H13 as the assessment.
(3) For council tax, the highest band of property values (except in
Wales). It applies to properties of these values:
• in England, above £320,000 in 1993
• in Wales, between £286,001 and £400,000 from 1 April 2005, and
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habere facias visum Latin: that you cause to have the view.
hacker The current popular meaning of the term is to describe those who break
into computer systems or networks, destroy data, steal copyrighted
software, and perform other destructive or illegal acts.
half crown Old coin worth 2 shillings and 6 pence. It was introduced as a gold coin
in 1526. It became a silver coin in 1551. It was demonetised on 31
December 1969, before decimalisation.
half rate Term sometimes used for the inheritance tax rate payable on lifetime
transfers at half the death rate, ie 20% rather than 40%.
half year Either the first or last six months of a particular year. Listed companies
must publish audited accounts every half year.
hallmark In tax, one of a list of factors that may indicate the presence of a tax
avoidance scheme.
The full list of hallmarks is:
• it sounds too good to be true
• artificial or contrived arrangements are involved
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Hallstrom’s Australian tax case on whether expenditure was capital or revenue. The
case related to opposing an extension of another company’s patent. The
full name of the case is Hallstrom’s Proprietary Ltd v The Federal
Commissioner of Taxation 72CLR634. The case is discussed in the
Inspectors’ Manual at BIM35045.
halo effect Personnel term for the bad practice of an applicant who does not have
the faults of a previous person, but without making an objective
consideration of the application.
handling Charge made for handling goods in relation to packing, invoicing and
otherwise preparing them for delivery.
hang fire Colloquialism which means to delay something, hopefully for a short
time. The term is analogy to a gun which is slow in firing.
Harcourt, William English Liberal politician (1827-1904) who was Chancellor of the
Exchequer from 18 August 1892 to 21 June 1895, and from 6 February
1886 to 20 July 1886.
hard currency Stable currency which is widely recognised, such as pound, euro or US
dollar. Where a local currency is weak, traders often revert to a hard
currency.
hard disk The main storage disk in a computer. It is sealed within the body of the
central processing unit.
hard disk player Piece of recording equipment, where the recording is to a hard disk as
in a computer.
hard landing Change in economic policy which has serious consequences for some
people, such as when anti-inflationary policies lead to high
unemployment. The switch to monetarism in 1979 was such an
example.
hardship application For tax hearings, an application to a tribunal that a person would suffer
undue hardship in meeting the requirement to pay a disputed sum as a
condition of starting proceedings on the substantive issue.
For example, an appeal against disputed VAT usually requires the
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hardship payment order Court order allowing a payment from an account which has been frozen
by the court.
Hastings-Bass Tax case relating to when mistakes by trustees can be reversed. The full
citation is re Hastings Bass deceased [1974] STC 211. The case was
brought by Inland Revenue in who argued that an advancement of
capital was ineffective.
Hastings-Bass was first used by a taxpayer in Mettoy Pension
Trustees Ltd v Evans [1990] to provide relief when trustees fail to take
into account all consequences of their decisions.
The first non-pension case was Green v Cobham [2002]. This
started a series of cases where trustees’ decisions were declared void
when they led to unexpected tax consequences.
The rule was restrained by the Court of Appeal decisions in Futter v
Futter and Pitt v Holt.
hat tax Tax charged between 1784 and 1811 in the form of an annual licence
payable by hat-sellers.
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HB Housing benefit.
HC High Court.
headings For Customs duty purposes, the first 4 digits of the commodity code.
headlease Lease from a freeholder to a lessee who may then grant sub-leases.
headline rates Rates of tax that are apparently charged, but where the effective rate is
different.
An example is in relation to taxation of dividends where the
headline rate for a higher rate taxpayer is 32.5% but the effective rate is
25%.
head office Main office of a business which operates from more than one premises.
heads of agreement Draft agreement where at least the parties have decided what topics
should be covered in the agreement, even if some of the details have yet
to be agreed.
Healey, Denis Labour politician (1917- ) who was Chancellor of the Exchequer from 5
March 1974 to 4 May 1979 under the governments of Harold Wilson
and Jim Callaghan. He raised taxes to redistribute wealth, including
income tax basic rate at its record high of 35%. He negotiated a loan
from the IMF in 1976 which led to austerity measures.
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health insurance Insurance against financial losses resulting from sickness or accidental
bodily injury. Included under this definition are accident insurance,
disability insurance and accidental death and dismemberment
insurance. Private Medical Insurance (to provide for the cost of private
- ie not within the National Health Service - medical treatment also
comes under this general heading).
hearing For tax appeals, means “an oral hearing and includes a hearing
conducted in whole or in part by video link, telephone or other means
of instantaneous two-way electronic communication” (The Tribunal
Procedure (First-tier Tribunal) (Tax Chamber) Rules SI 2009 No 273
rule 1(3)).
hearth money Another name for chimney money, a tax from 1663 to 1689.
hearth tax Tax imposed by Charles II between 1662 and 1688 to fund the restored
monarchy.
heat For VAT, a supply of heat is treated as a supply of goods (Value Added
Tax Act 1994 Sch 4 para 3). As such, supplies for residential use are
generally reduced-rated under ibid Sch 7A Group 1, but standard-rated
for other supplies. Details are given in VAT notice 701/19.
Heathcoat-Amory, Derick English Conservative politician (1899-1981) who was Chancellor of the
Exchequer from 6 January 1958 to 27 July 1960 in the government of
Harold Macmillan.
Heaton v Bell Tax case from 1969 that established the taxable value of a benefit in
kind provided to an employee. In that case, the employee was provided
with a car which he could surrender and receive increased pay. It was
held that the increase he could receive was the taxable value of the car.
This has now been superseded by what is now Income Tax (Earnings
and Pensions) Act 2003 ss120-148, but the case can still be relevant for
valuing other benefits in kind.
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heavy crude oil Naturally occurring oil before processing which contains a low
concentration (down to 50%) of the more valuable hydrocarbons.
heavy industry Industry which deals with large quantities of materials (such as coal
mining) or makes heavy items.
heavy oil Hydrocarbon oil which is not light oil. Examples include diesel,
kerosene and aviation fuel.
They are subject to hydrocarbon oil duty, except that fuel oil and
gas oil (which are not intended for vehicles) are heavily rebated. From 1
August 2002, such dutiable oils must be marked with a yellow dye.
heavy oil “Means hydrocarbon oil other than light oil” (Hydrocarbon Oil Duties
Act 1979 s1(4)).
hectare Unit of land measurement equal to 10,000 square metres. One hectare is
about 2.471 acres. The capital gains tax exemption for principal
private residence allows a garden of up to half a hectare or larger if
consistent with the size of the property.
hedge fund Fund typically run by partnerships which specialise in high-risk high-
profit investments. The name comes from the fact that such funds
typically seek to hedge the risks in their investments.
The term is sometimes used for funds that take high risks which
they do not hedge. Such investments typically include short selling and
derivatives.
Hedge funds are only available for a limited range of investors. This
exempts them from many controls that would otherwise apply.
The net asset value of a hedge fund can be billions of pounds (or
dollars). Because such funds are often highly geared, their gross assets
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can be much higher. Hedge funds are believed to have been controlling
$2.5 trillion at their peak in summer 2008.
The first hedge fund is believed to have been formed in 1949.
hedging A strategy used to offset investment risk as a hedge. Usually makes use
of futures or options.
hedging arrangements Tax provisions in Income and Corporation Taxes Act 1988 s209B.
Hedley Byrne v Heller Name of court case of 1963 which established that a person could be
liable to a third party for negligence. In the case, that liability was
avoided by a suitable disclaimer. This case has been seen as
establishing the principle that a negligent auditor could be liable to a
third party investor. The House of Lords gave details guidance on this
matter in this case.
heir apparent Person who will succeed to another’s property or title, provided only
that he lives beyond the other’s death. The status as heir cannot be
displaced by any event, unlike an heir presumptive.
heir-at-law Person who succeeds to the property or title of another on their death.
This was regulated by custom until Inheritance Act 1833. All historic
forms of inheritance are generally abolished by Administration of
Estates Act 1925 s45.
helpbook Term used by HMRC for guidance sent to employers about the PAYE
system.
Henry VII taxes Taxes demanded by Henry VIII for the period from around 1500 to the
end of his reign in 1509.
herd basis Election that may be made by a farmer for tax purposes.
The normal tax treatment for farm animals is to treat them as
trading stock. Under the herd basis, the value of the animals is ignored
in calculating trading profit. The cost of acquiring animals is not
allowed, and the sale of animals are not taxable.
heritage asset Fixed asset which cannot be disposed of without special permission and
which is excluded from the accounts.
Hicks-Beach, Michael English Conservative politician (1837-1916) who was Chancellor of the
Exchequer from 24 June 1885 to 28 January 1886, and from 29 June
1895 to 11 August 1902.
HICP Harmonised index of consumer prices; the full name for CPI, a measure
of inflation now used in all European Union countries.
hidden agenda Management style where the real purpose of a proposal is hidden from
the meeting but achieved by proposing ideas which sound reasonable.
The real purpose is often personal advancement.
hidden asset Asset which is valued at much less in the company’s accounts than its
real value. Common examples include land and property, and research
and development.
hidden economy Legal activities which are illegally concealed from the tax authorities.
higher family element Element of child tax credit payable in respect of a child up to one year
old. It is abolished from 6 April 2011.
higher rate For income tax, this is a rate which applies to income above the upper
threshold for the basic rate. Since 6 April 1988 there has been just one
higher rate of 40%.
higher-rate contribution Rate of class 2 national insurance above the normal rate that may be
imposed under Social Security Contributions and Benefits Act 1992
s11(3).
This applies to an employee who is regarded as self-employed.
Such rates have been introduced for share fishermen and volunteer
workers.
higher rate taxpayer Someone who pays income tax at rates of 40% or above.
high gearing Funding of a company which has a large amount of debt finance
relative to equity finance. This has the effect of increasing the return to
shareholders when profits are low and reducing them when profits are
low.
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high net worth individual Person who has significant personal wealth. Such people have
particular accounting and tax requirements, which are usually addressed
either by specialist firms.
high risk CAP goods Goods subject to special Common Agricultural Policy (CAP) controls
that are considered to be of high revenue risk. Such goods must only be
moved in sealed containers/vehicles under bond.
high-risk reservoir Term defined in Reservoirs Act 1975 s2C, as inserted by Flood and
Water Management Act 2010 Sch 4.
high value dealer (HVD) Person who deal with large amounts of money in the form of cash (ie
banknotes and coins) in the course of business and who is not otherwise
regulated. A car dealer or amusement arcade could be an HVD.
The large amount is €15,000. In practice this is translated as £9,000,
though this is below the usual value of this euro amount. A trader is not
an HVD if he receives payments of large amounts by other means (such
as cheque or card) and refuses to accept cash above the limit.
From 1 April 2004, HVDs must register as such with HMRC under
laws on money laundering. The registration requirements were
tightened on 15 December 2007.
A definition of HVD is given in Proceeds of Crime Act 2002 Sch 9
para 1(1)(q) and 2(2).
high yield Dividend which is large, particularly one which is larger than is normal
for such a company.
hire purchase (HP) A method of buying goods in which the purchaser takes possession of
them as soon as he has paid an initial instalment of the price (a deposit)
and obtains ownership of the goods when he has paid all the agreed
number of subsequent instalments. A hire-purchase agreement differs
from a credit-sale agreement and sale by instalments (or a deferred
payment agreement) because in these transactions ownership passes
when the contract is signed. It also differs from a contract of hire,
because in this case ownership never passes. Hire-purchase agreements
were formerly controlled by government regulations stipulating the
minimum deposit and the length of the repayment period. These
controls were removed in 1982.
Hire-purchase agreements were also formerly controlled by the Hire
Purchase Act (1965), but most are now regulated by the Consumer
Credit Act (1974). In this Act a hire-purchase agreement is regarded as
one in which goods are bailed in return for periodical payments by the
bailee; ownership passes to the bailee if he complies with the terms of
the agreement and exercises his option to purchase. A hire-purchase
agreement often involves a finance company as a third party. The seller
of the goods sells them outright to the finance company, which enters
into a hire-purchase agreement with the hirer.
historic buildings A donation to a maintenance fund for such buildings does not attract
inheritance tax (Inheritance Tax Act 1984 s27).
historic resources Funds of a church, charity or public body which are derived from past
giving.
historical cost Method of valuing assets and liabilities based on their original cost
without adjustment for inflation or subsequent changing prices.
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historical pricing Pricing method which sets prices on the basis of previous prices.
historical summary Table of key financial indicators over a period, usually of five or ten
years.
historical trading range Difference between the highest and lowest prices for a share during a
period.
historic house House of interest because of its age. There are special VAT provisions
for the sale of items from such houses. These are set out in VAT notice
701/12.
hit squad Nickname for the Strategic Response Unit, part of the Large Business
Service at HMRC. Its brief is to assess the potential opportunity for tax
avoidance in any new tax scheme.
HL House of Lords.
HLCase House of Lords Cases, series of law reports from 1862 to 1865.
H&M Hemming and Miller’s Reports, law reports from 1862 to 1865.
hoard Store goods or cash, typically for a long time as a precaution against
future need.
hobby Activity pursued for pleasure rather than profit. In general the cost or
loss of such activities is not allowable for tax, as explained in the
Inspectors’ Manual at BIM20090.
hobby farming Agricultural activity which is not pursued commercially. For the first
five years, losses from this activity may not be offset against other
profits (Income Tax Act 2007 ss67-68).
hogshead Barrel used to contain liquor. Its size varies from 46 to 65 gallons
depending on the drink.
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holder in due course A holder who has taken a bill of exchange which appears to be
complete and regular before it was overdue and without any knowledge
of its having been dishonoured, and who took it in good faith and for
value and without any knowledge of any defect in the title (Bills of
Exchange Act 1882 s29(1)).
hold harmless letter Letter indemnifying an auditor or other professional adviser from any
legal action in connection with information provided by the auditor or
adviser. The expression is a contraction of “hold me harmless”.
The auditor will usually draft the letter and required it to be signed
before releasing the information.
In tax, HMRC has not indicated whether it will accept such a letter
as part of an Independent Business Review when a taxpayer seeks a
Time to Pay arrangement for a sum greater than £1 million.
holding cost Cost of keeping items in stock. Such costs include storage, insurance,
wastage, theft, accidental damage etc.
holding trustees Trustees who hold a building and other assets for benefit of members,
usually distinguished from managing trustees.
hold-mail Address of someone else who agrees to hold mail on behalf of another
person. Such addresses are often of banks, solicitors or accountants. For
savings accounts opened from 6 April 2001, HMRC will not accept a
hold-mail address from paying agents of savings funds when making
their payment returns.
hold-over gain Capital gain made when hold-over relief has been claimed.
Its calculation is explained in Taxation of Chargeable Gains Act
1992 s154.
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hold-over relief Relief from capital gains tax that may be claimed in respect of a gift.
The effect is defer the disposal until the recipient disposes of the asset.
This relief may be claimed for various classes of depreciating
assets as listed in Taxation of Chargeable Gains Act 1992 s155.
holiday When an employee is allowed to be absent for rest. The law requires at
least four weeks’ paid holiday.
For Customs purpose, holiday “in relation to any part of the United
Kingdom, means any day that is a bank holiday in that part of the
United Kingdom under the Banking and Financial Dealings Act 1971,
Christmas Day, Good Friday, and the day appointed for the purposes of
customs and excise for the celebration of Her Majesty’s birthday”
(Customs and Excise Management Act 1979 s1(1)).
holiday accommodation For income tax purposes, holiday accommodation may be taxed as
trading income which is usually preferable to having it taxed as
property income. This allows capital allowances and more expenses to
be offset against taxable income. For this purpose, the term often used
is furnished holiday lettings.
The main conditions for income tax are that:
● the property is let with a view to making a profit;
● the room is furnished and the occupant may use the
furniture;
● the accommodation must be available for hire for at least
140 days in any year;
● the accommodation must be actually let for at least 70 days
in any year; and
● there must be at least seven months in the year when no-one
occupies any premises for a continuous period of more than 31 days.
There are proposals for increasing the time periods by 50%.
holiday club Organisation which provides care and entertainment for children during
school holidays.
holiday with pay There is still an unrepealed Holidays with Pay Act 1938 s4, allowing
the Secretary of State to assist employers and employees to set up a
holiday with pay scheme.
Holocaust Term for the breaches of human rights committed by the Nazi
government of Germany between 1933 and 1945, particularly against
Jews, though also against gypsies, freemasons, homosexuals and the
disabled.
Many compensation payments to victims or their heirs are tax-free,
as explained at Nazi compensation.
holographic feature Security device provided on banknotes, driving licences and other
important documents. They appear three dimensional and change
appearance according to the angle at which they are viewed. Such
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home address Another name for residential address, for which there are special
provisions under Companies Act 2006 s165.
home banking System of banking where instructions are given over the Internet from a
computer in the home.
home income plan Home income plans allow elderly homeowners to use the equity tied up
in their home to purchase an income and thus increase their standard of
living. Homeowners can release this capital without having to sell their
home.
With a reversion plan, the home is sold to an insurance company
that then pays a regular income to the owner. On the death of the
owner, the house becomes the property of the insurance company.
home use For Customs purposes, the United Kingdom home market.
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homelessness strategy Review and strategy which a local housing authority must conduct from
time to time in regard to homelessness (Homelessness Act 2002 s1).
Hon honorary
Hong Kong Territory in China. It was a British dependent territory until 30 June
1997 when sovereignty returned to China.
honorarium Sum paid to a person when a salary, wage or other fee has not been
agreed.
honour clause Clause in an agreement which expressly states that it is not a contract.
Such an agreement cannot be enforced (Appleson v Littlewood [1939]).
honour supra protest Process described thus: “Where a bill of exchange has been protested
for dishonour by non-acceptance, or protested for better security, and is
not overdue, any person, not being a party already liable thereon may,
with the consent of the holder, intervene and accept the bill supra
protest, for the honour of any party liable thereon, or for the honour of
the person for whose account the bill is drawn” (Bills of Exchange Act
1882 s65(1)).
hope value Additional value of land reflecting the probability that it may one day
be given planning permission for a more valuable use, and thus create
development value. An example is buying a piece of land in the Green
Belt in the hope that, perhaps in 30 years’ time, the land will be
removed from the Green Belt and allowed for development.
Horne, Robert Scottish politician (1871-1940) who was Chancellor of the Exchequer
from 1 April 1921 to 19 October 1922 in the last days of the coalition
government led by David Lloyd George.
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horse For income tax, an employee who had to provide horse for his work
was allowed to claim relief....
For VAT, horses are standard-rated. However horse meat that is
prepared for human consumption is zero-rated (VAT notice 701/14).
horse-race course “Premises which are designed, used or adapted for use for horse-racing”
(Gambling Act 2005 s353).
Host City Contract Contract in connection with the London Olympics of 2012. It was
signed in Singapore on 6 July 2005 by the International Olympic
Committee, the Mayor of London and the British Olympic Association.
hostage customer Bank customer who cannot clear an overdraft and is therefore at the
mercy of the bank when it imposes interest and charges
hostile bid Offer buy one company to take over another company where the latter
company resists such takeover. It is also known as a contested
takeover.
hostile witness Witness giving evidence against the person on whose behalf he is being
questioned. The term adverse witness is also used.
hot desking Practice whereby every worker is not allocated their own desk but may
use an available desk when in the office. Such a practice is usually only
acceptable for those who are not office-based, such as sales
representatives.
hot food For VAT, food that is sold while hot with the intention of being eaten
while hot (such as burgers and chips) is standard-rated. Food that is hot
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solely because it has not yet cooled down (such as fresh bread) is
generally zero-rated. Food that is sold cold to be heated up by the
customer (such as fresh meat) is generally zero-rated. Further details are
given in VAT notices 701/14 (food) and 709/1 (catering).
hotel
hot IPO Colloquialism for an initial public offering (IPO) where the demand is
greater than the supply.
hot springs For VAT, water taken from such a spring and not further heated or
treated is zero-rated as water under Value Added Tax Act 1994 Sch 8
Group 2 when supplied for non-industrial use. Details are given in VAT
notice 701/16.
hot stock Colloquialism for a share or equivalent security whose prices rise high
because of demand.
hot water For VAT, this is usually regarded as standard-rated supply of heat
rather than a zero-rated supply of water. Further details are given in
VAT notice 701/16.
Howe, Geoffrey Conservative politician (1926- ) who was Chancellor of the Exchequer
from 4 May 1979 to 11 June 1983 in the government of Margaret
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house (1) Unit of accommodation, usually one which stands on its own land.
(2) Term referring to the institution of a company, as in “on the house”
or “house policy”.
house air waybill A forwarding agent’s bill of landing, that forms part of a consolidation.
houseboat Zero-rated under Value Added Tax Act 1994 Sch 8 Group 8. This
includes the non-commercial letting of houseboats.
household goods Essentials to everyday living which cannot be seized from a bankrupt.
They are also known as chattels.
For Customs purposes, “furnishing and fittings for the home, and
also personal items such as cameras, linen, jewellery and clothing”
(Customs notice 3).
Household Means Test Social security test introduced in 1934 to assess the needs of a
household. The test was greatly resented as it penalised savers.
housekeeper allowance Additional tax allowance available before 6 April 1988 when a taxpayer
engaged the services of a housekeeper.
It was introduced at £45 from 6 April 1920, subsequently changed
to £60 in 1924, £50 in 1931, £60 in 1953, £75 in 1960, £100 in 1973.
House of Commons One of the two Houses of Parliament. The Budget is presented in this
House by the Chancellor of the Exchequer. From this a Finance Bill is
produced. This is debated in the House of Lords, which cannot delay or
amend the Bill.
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House of Lords One of the Houses of Parliament which has limited powers to the House
of Commons. It debates the Finance Bills but cannot reject them.
It was also the highest court in the land, until this function was
taken over by the Supreme Court on 1 October 2009.
housing association Tax provisions for tax relief grants in Housing Act 1988 s54.
Gifts to housing associations are exempt from inheritance tax
(Inheritance Tax Act 1984 s24A).
housing benefit (HB) Means-tested social security benefit to help pay rent for people on low
incomes. It is paid under Social Security Contributions and Benefits Act
1992 s130.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
hovercraft Vessel which travels across land and sea on a cushion of air. A
hovercraft first crossed the English Channel in 1959.
A legal definition is given in Hovercraft Act 1968. This definition is
used in tax statutes, such as for hold-over relief from capital gains tax
(Taxation of Chargeable Gains Act 1992 s155 class 2).
For VAT, it is generally zero-rated under Value Added Tax Act
1994 Sch 8 Group 8.
For all other tax purposes, a hovercraft is regarded as a ship.
HR Human resources
balance sheet.
human consumption One of the conditions which must be met for food to be zero-rated for
VAT.
This means that the item must have both nutrition and palatability.
So food does not include appetite suppressants, dietary supplements,
food additives and medicines (though some medicines may be zero-
rated under other provisions).
human resources (HR) General term for the management functions relating to the staff of an
organisation. It includes such areas as personnel, pay, recruitment, and
grievance and discipline.
human rights Fundamental rights of the individual which should be upheld by law.
Although the scope varies from context to context, most lists
include freedom of:
● speech;
● religion;
● movement;
● association;
and privacy, and the right to a fair trial.
Some tax cases have been brought alleging that a tax or penalty
contravenes the fundamental right to enjoy personal property.
human rights Under Equality Act 2006 s9(2) this includes rights under Human Rights
Act 1998 and “other human rights”.
Human Tissue Authority Body corporate established under Human Tissue Act 2004 s13 for
dealing with human organs of deceased persons. This includes issuing
licences.
humanitarian assistance Provision of such basic supplies as accommodation, food, water and
medicine, and also advice and manpower, to alleviate a natural or man-
made disaster. The Secretary of State may provide any person or body
with such assistance under International Development Act 2002 s3.
hundredweight Imperial unit of weight, which was widely used for such purposes as
coal. It is equal to 112 pounds. There are 20 hundredweight in a ton.
A hundredweight is equal to 50.802 kilograms. There are 196.8
hundredweight in a metric tonne.
Hunt, George English Conservative politician (1825-1877) who was Chancellor of the
Exchequer from 29 February 1868 to 1 December 1868.
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hush money Money paid to someone to keep quiet about something. Such a payment
is usually not tax-deductible.
hybrid arrangement An arrangement where only one type of benefit will ultimately be
provided, but the type of benefit that will be provided is not known in
advance because it will depend on certain given circumstances at the
point benefits are drawn.
For example, a hybrid arrangement may provide the member with
other money purchase benefits based on a pot derived from the
contributions that have accrued over time, but subject to a defined
benefit minimum or underpin. If the benefits provided by the money
purchase pot at the point benefits are drawn fall below a certain defined
level, for example 1/60ths of final remuneration for every year worked,
that higher defined benefit will be provided. So the benefits will be
either other money purchase benefits, or defined benefits.
When benefits are drawn, if the benefits actually provided are other
money purchase or cash balance benefits then the arrangement will
become a money purchase arrangement. And if the benefits provided
are defined benefits then the arrangement will become a defined
benefits arrangement.
hybrid tax This was a novel hybrid levy charged in 1497 of tenths and fifteenths
with a subsidy. It was raised to fund the Scottish campaign, and was
challenged by Cornwall on the grounds that only scutage could be
levied for such a purpose.
hydrocarbon Compound of the elements carbon and hydrogen. This includes most
forms of oil used for heating and road fuel. These oils are subject to
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hydrocarbon oil Liquid form of various compounds of carbon and hydrogen which are
used as road fuel.
Such oil is liable to hydrocarbon oil duty. For this purpose, oil is
dividend into five categories:
● light oil;
● heavy oil;
● fuel oil;
● gas oil; and
● biobutanol.
hydrocarbon oil “Means petroleum oil, coal tar and oil produced from coal, shale, peat
or any other bituminous substance, and all liquid hydrocarbons, but
does not include such hydrocarbons or bituminous or asphaltic
substances as are:
(a) solid or semi-solid at a temperature of 1°C, or
(b) gaseous at a temperature of 15°C and under a pressure of
1013.25 millibars” (Hydrocarbon Oil Duties Act 1979 s1(2)).
hygiene factor In human resources, a factor which does not improve an employee’s
productivity but whose absence reduces productivity. The amount of
pay is a hygiene factor.
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I
I (1) Roman numeral for 1.
(2) For council tax, the highest band of property values. It only applies
in Wales from 1 April 2005. It applies to properties with a value above
£400,000 on that date. Such property is subject to council tax at a rate
of 2⅓ times the rate for an average band D property.
IAD accounts “Accounts drawn up in accordance with the Council Directive of 19th
December 1991 on the annual accounts of insurance undertakings (No
91/674/EEC)” (Income and Corporation Taxes Act 1988 Sch 19ABA
para 4(2)).
IASB system The accounting standards and guidance issued by the IASB.
IAS group accounts Group accounts prepared under International Accounting Standards
rather than under Companies Act 2006 (Companies Act 2006 s406).
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ice For VAT, this is usually zero-rated as water under Value Added Tax
Act 1994 Sch 8 Group 2. Details are given in VAT notice 701/16.
ice cream For VAT, this is standard-rated as it is specifically excluded from the
scope of zero-rated food.
ID Abbreviation: identity
ID card Identity card, particularly one issued under Identity Cards Act 2006 s6.
identifiable part Part of expenditure that can clearly be related to a business activity.
In general, such a part may be deducted from taxable profits. This is
discussed in the Inspectors’ Manual at BIM42130.
identification number Code which gives a customer access to a bank account on the Internet.
identification of securities Procedure in capital gains tax to identify the acquisition cost when a
taxpayer sells some of a holding in a particular security. The
identification rules are given in Taxation of Chargeable Gains Act 1992
ss104-109.
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identity card Government issued document that proves the identity of its holder.
Some cards were issued under Identity Cards Act 2006, and the whole
population were to be issued with them. This provision has been
repealed by the Identity Documents Act 2010 s1(1). Issued cards are
cancelled by s2.
identity check Check made on the identity of a person by requiring them to produce an
ID card, other identification or both (Identity Cards Act 2006 s13(1)).
identity document Document which indicates the identity of a person. For limited
purposes, these are defined as:
“(a) an immigration document,
(b) a United Kingdom passport (within the meaning of the
Immigration Act 1971),
(c) a passport issued by or on behalf of the authorities of a country
or territory outside the United Kingdom or by or on behalf of an
international organisation,
(d) a document that can be used (in some or all circumstances)
instead of a passport,
(e) a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic [Act] 1988 or under Part 2 of the Road Traffic (Northern
Ireland) Order 1981, or
(f) a driving licence issued by or on behalf of the authorities of a
country or territory outside the United Kingdom”
(Identity Documents Act 2010 s7(1)).
identity theft Fraud where a person assumes the identity of someone else.
IDK Internal derangement of the knee. Common abbreviation for sick notes
(HMRC leaflet E14).
idle time Time for which an employee is paid though not able to work, for factors
beyond their control.
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IHD Ischaemic heart disease. Common abbreviation for sick notes (HMRC
leaflet E14).
ill health pension Pension provided by an occupational pension scheme under its rules
before retirement to a member who becomes too ill to continue
working.
illegal trade Trade which contravenes the law, such as prostitution, drug dealing and
illegal sales of firearms and alcohol. Such activities are subject to
income tax, corporation tax and VAT under the normal tax rules for
legal trade.
Other illegal activities, such as burglary and protection rackets, are
not taxable as trade.
These have been gradually withdrawn. Today the only restriction is that
an illegitimate child cannot inherit a title.
For tax purposes, an illegitimate child is now treated the same as a
legitimate child. The right to inherit was established by Family Law
Reform Act 1969.
illicit Not permitted. The term is usually distinguished from illegal in that it
refers to an act which is not against the law as such but which is done in
a way which is not permitted, such as selling alcoholic drink without a
licence. The illegality derives from the lack of licence not from the
activity itself.
illusory correlation When a person makes an illogical link between a type of person and a
characteristic to create a stereotype. An example is where someone
speaks to two accountants who are both rude, and from that deducing
that all accountants are rude.
illustration An estimation of the returns you might get from an investment, based
on standard growth rates and taking charges into account. The actual
returns you get may be higher or lower than this.
I minus E basis In relation to taxation of insurance companies, “means the basis under
which a company carrying on life insurance business is charged to tax
on the relevant profits (within the meaning of section 88(3) of the
Finance Act 1989) of that business under Case I of Schedule D”
(Income and Corporation Taxes Act 1988 s431(2)).
[The term defined is actually the I minus E basis.]
immaterial Not material. This refers to a figure which is so small that it does not
affect the picture painted by the accounts.
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immediate annuity An annuity under which payments commence straight away, in contrast
to a deferred annuity, under which the payments do not commence until
later (possibly many years later).
immigration bail When an unlawful immigrant is released from custody on the deposit of
a recognizance or bail bond (Asylum and Immigration (Treatment of
Claimants etc) Act s36(d)).
immigration officer Person appointed to oversee immigration law (Asylum and Immigration
(Treatment of Claimants etc) Act 2004 s45).
impaired life State whereby a person is not expected to live as long as would
normally be expected for their sex and age. This is usually because of a
medical condition, such as suffering from cancer.
A person suffering from impaired life may be able to receive a
higher than normal pension or annuity. Such a person is also likely to
be charged more for life insurance.
impairment test Test that the business can expect to recover the carrying value of the
intangible asset, through either using it or selling.
imperial dues Early empires taxed their citizens to fund the imperial power. Jesus was
born when Joseph and Mary went to pay such a tax to the Roman
empire.
Imperial Loan Co v Stone Court case of 1892 which established that a contract can only be set
aside on the grounds of insanity if it can be proved that the party was
both insane and that the other party knew this at the time.
imperial system Old system of historic measurements, such as inch, acre, gallon and
ounce. These were largely established by Weights and Measures Act
1824, subsequently amended, most recently in 1959.
From 1990, imperial measures (other than for time) have been
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replaced for most legal purposes by metric units. From 1995, most
products must be supplied using metric units, though comparative
imperial measures may still be quoted.
These units were widely used throughout the old British Empire,
many countries of which have not adopted metric units. The USA uses
imperial units, though some (particularly the gallon and ton) are
different from the UK measure.
impersonal account Account which records transactions not involving other parties, as
against a personal account.
Impersonal accounts may be further categorised between real
accounts which deal with property, and nominal accounts which do
not. These distinctions are now little used.
implied terms Terms which may be implied in a contract, as against express terms.
Import duties (1932-today) The abandonment of Free Trade agreements led to a significant
increase in the scope of import duties. Political problems had obstructed
this imposition since first mooted in 1915. Many were reduced in 1947.
Duties on EFTA goods were abolished in 1966, with some exceptions
for agricultural and fish products.
import duty General term for Customs duties and similar charges such as Common
Agricultural Policy Charges, and Anti-Dumping Duty.
import levy Tax on imports from outside the EU into the EU.
import quota Fixed amount of foreign goods which a country is prepared to allow to
be imported.
import restrictions Action taken by a government to reduce imports. These include bans,
duties charged, quotas and similar.
import surcharge Extra import duty added to imported goods in an attempt to discourage
their import and to encourage local production.
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import VAT The VAT chargeable on imported goods. For the purposes of VAT, the
value of imported goods includes any other taxes or duties charged at
import.
import VAT Certificate Official evidence of VAT paid on imported goods before recovering the
VAT as input tax. The normal evidence is the monthly certificate,
known as Form C79.
importation of goods The entry of goods from a place (or places) outside the European Union
territory.
imported goods Goods imported from outside the European Union (EU) and not in free
circulation.
importer Person who is responsible for bringing goods into the UK.
The importer must be identified for Customs purposes, but most of
the duties rest with the declarant.
A statutory definition is “in relation to any goods at any time
between their importation and the time when they are delivered out of
charge, includes any owner or other person for the time being possessed
of or beneficially interested in the goods and, in relation to goods
imported by means of a pipe-line, includes the owner of the pipe-line”
(Customs and Excise Management Act 1979 s1(1)).
import-export Business which moves goods between the UK and other countries.
imposed penalty Penalty, particularly for a tax offence, which is imposed after
consideration of the circumstances, unlike an automatic penalty.
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impotent poor Classification of poor people used from the 16th to 19th centuries. They
were people whose poverty was due to age or sickness and who
deserved public support, against the undeserving poor of vagrants.
impound Take something and keep it until a tax or other charge is paid.
impressed stamp Indication by impression on paper that stamp duty has been paid.
imprest system System where an account, such as petty cash, is topped up with the
value of vouchers so that the total of cash plus vouchers is always the
same figure.
improved offer Second or subsequent offer which is close to what the other party
wants.
improvement A change in, or addition to, a non-current (fixed) asset that extends its
useful life or increases the expected future benefit. Contrast with repair
which restores the existing useful life or existing expected future
benefit.
An improvement in an asset is almost always regarded as capital
expenditure and not revenue expenditure.
improvement notice For housing, notice served under Housing Act 2004 s11, requiring a
hazard to be remedied.
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imputation system System of taxation where the company pays advance corporation tax
when it pays a dividend, and the taxpayer is regarded as having
received the dividend on which the tax has been paid. The system
operated from 6 April 1973 to 5 April 1999.
inalienable rights Political term for those rights of an individual which cannot ever be
legitimately removed.
in ambiguis orationibus maxime sententia spectanda est ejus qui eas protulisset
Latin: in dealing with ambiguous words the intention of him who used
them should be especially regarded.
in autre droit Latin: in right of another, such as when an executor holds property for a
beneficiary.
in banc In court.
in camera Latin: in private, such as a court hearing to which the public is not
admitted.
incapacitated person For tax management, “any infant, person of unsound mind, lunatic,
idiot or insane person” (Taxes Management Act 1970 s118(1)).
incapacity benefit Means-tested social security benefit payable to people unable to work
because of illness or injury. It is replaced by employment support
allowance from October 2008.
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inchoate instrument A partially completed but signed bill of exchange provided for
someone else to complete. A blank cheque is an example of an
inchoate instrument.
Such a cheque or bill of exchange is valid provided it is completed
within a reasonable time and in accordance with the authority given
(Bills of Exchange Act 1882 s20).
incidence of tax Indication of where the burden of a tax charge lies. While VAT is paid
to HMRC by the trader, the incidence of the tax is usually borne by the
customer.
incidental benefit The unavoidable personal benefit enjoyed on expenditure incurred for a
business. Examples include protective clothing (saving the need to wear
ordinary clothing), an overseas business trip (seeing a new location) and
even office facilities (not incurring heat and light bills at home). Such
incidental benefits do not in themselves prevent an expense being
“wholly and exclusively” for a business purpose and thus tax-
deductible. The matter is discussed in the Inspectors’ Manual at
BIM37007.
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incidental purposes In relation to share loss relief, “purposes having no significant effect
(other than in relation to incidental matters) on the activities of the
company in question” (Income Tax Act 2007 s137(7) and 181(8);
Corporation Tax Act 2010 s79(7))
inclusive price Term which defines the value used in determining the tax payable by an
employee for having a company car. It comprises the list price of the
car plus any taxes paid and any delivery charge (Income Tax (Earnings
and Pensions) Act 2003 s123(2)).
income accounts American term for accounts that record a company’s sources of income.
income beneficiary Person who is beneficially entitled to receive income, but not capital,
from a discretionary trust.
income-generating unit Group of assets, liabilities, goodwill that generates income that is
largely independent of the main business (FRS 11).
income in possession (IIP) Type of trust where a life tenant receives income or a right during
their lifetime, after which the asset passes to the remainderman.
Typical examples are where one person is allowed to live in a property
until their death, then the property passes to someone else. Another
common example is when one person receives the interest on a capital
sum, and on their death the capital passes.
An IIP trust pays income tax at 10% on dividend income, and at
20% on other income. (Before 2008/09, it paid 22% on rent income but
20% on savings income.) There is no higher or additional rate tax. No
personal allowances may be offset against the income.
When received by the life tenant, the income must be split
according to its source between dividends, interest and rent. The
trustees usually do this using form R185.
income maximisation Any proposal designed to increase a person’s income. This is not
usually a significant factor in debt recovery.
income payments order Order requiring a bankrupt to give up income to pay his creditors.
income policy Life Insurance contract that provides income on a monthly or other
periodic basis, as opposed to a policy which pays proceeds in a lump
sum.
The condition is that the company may not keep more than 15% of
its income for its own purposes, rather than for distribution to
shareholders.
income shares Shares in a unit trust which provide an income which do not rise as the
capital value of the shares rise.
Most unit trusts provide both capital growth and regular income
from the shares which they hold. It is possible to have a split-level
trust where the capital growth and income elements are separated
between capital shares and income shares.
income smoothing Any arrangement which has the effect of reducing wide variations
between dividends or similar distributions made by a company to its
shareholders or by an investment vehicle to its members.
income splitting Process of apportioning part of one person’s income to another, usually
for an ulterior motive. Common motives are to save tax or to make the
donor eligible for a benefit.
income statement Financial statement presenting revenues, expenses, and profit. Also
called profit and loss account.
income support Social security benefit payable to people with a low income. From 27
October 2008, it is replaced by employment support allowance.
Income Tax Acts means all enactments relating to income tax, including any provisions
of the Corporation Tax Acts which relate to income tax” (Interpretation
Act 1978 Sch 1).
income tax advantage Term used in Corporation Tax Act 2010 s687 to denote a gain that may
arise from a transaction in securities.
income tax form Form which an individual completes to disclose his taxable earnings.
This term remains in use even though the correct term is simply tax
return. Since 1965 the same form has been used to disclose amounts
subject to capital gains tax.
income threshold figure Figure of income set each year, below which a household may claim a
tax credit.
income unit Unit in a unit trust from which the investor receives an income in the
form of income rather than capital gain.
income-replacement benefits
Social security benefits which are designed to replace income. Such
benefits are subject to income tax on the same basis as the income they
replace.
The main income-replacement benefits are jobseeker's allowance,
incapacity benefit, state retirement pension and similar.
incoming partner Newly joined partner. Such a partner is not liable for any debts of the
partnership which arose before he joined (Partnership Act 1890 s17).
A new partner means that the old partnership is dissolved and a new
partnership formed for tax purposes, unless all new and old partners
make a joint election for the partnership to continue.
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incomplete records Accounting records which do not used double entry bookkeeping.
Such records can be incomplete in many ways.
incontinence pad For VAT, these are generally standard-rated unless zero-rated as a
product for the handicapped, or reduced-rated as sanitary protection.
Details are given in VAT notice 701/18.
incorporation Process of bringing a company into existence, or the date when this
happened.
incorporation relief For capital gains tax, a relief that is given automatically when there is a
disposal of assets to a company incorporated to continue the same
business (Taxation of Chargeable Gains Act 1992 s142).
incorporeal chattels Personal rights and interests that are not tangible assets, such as shares,
patents and annuities.
incorporeal hereditament Intangible rights or interest in land, such as a right of way or a right of
pasture.
incremental budgeting Method of producing a budget for one year by increasing figures for the
previous year. The opposite approach is known as zero-based
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budgeting.
incremental cost Cost of making an additional unit. This is basically the cost of materials
and labour, without any overheads. It usually means the same as the
marginal cost.
incremental scale Pay scale where salaries are determined according to a system of
grading, points or similar.
incurred basis Old tax practice that expenses are always allowed when incurred
regardless of the accounting treatment.
Following the decisions in Jenners Princes St Edinburgh [1998]
and Threlfall v Jones [1993], the accounting treatment must generally
be followed. The incurred basis was in effect outlawed from 1 July
1999. The matter is discussed in the Inspectors’ Manual at BIM42220.
indecent material Customs may seize any indecent material that a traveller attempts to
bring into the UK.
Indecent material includes improper material featuring children,
material containing extreme violence, and any pornography that cannot
be legally bought in the UK.
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independent broker “Person, who independently of the director or any person connected
with him, selects the person with whom the transaction is to be
effected” (Companies Act 2006 s194(2)(a)).
Under company law, members’ approval is required for a
substantial property transaction involving a director. There are
exceptions, including a transaction on a recognised investment
exchange through an independent broker.
independent company Company which is not under the control of another company.
independent foundation A private foundation that is no longer controlled by the original donor
or donor's family.
independent judiciary Principle that judges are not under the control or direction of
government ministers. It is now enshrined in Constitutional Reform Act
2005 s3.
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independent trader Business which is owned by a person who is not under the control of a
larger business, such as a shop run by its proprietor and not as part of a
national retail chain.
indexation Adjusting a figure to reflect the change in value over time due to
inflation.
indexation allowance Amount that is added to the acquisition cost of an asset to reflect
inflation during the period to disposal by a company.
Suppose an asset was acquired for £1,000 when the retail prices
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index was 180, and was sold for £2,000 when the index was 198. The
index has increased by 10%, so the acquisition cost is increased by 10%
to £1,100 and only the difference of £900 is taxed as a chargeable gain.
This stops the tax being charged on inflation.
Indexation allowance is given on chargeable gains of companies.
Since 1998, individuals paying capital gains tax have applied
indexation only from acquisition to 5 April 1998. For later periods, the
individual may claim taper relief, or pay a lower rate of tax.
indexation loss Loss created by applying indexation to a capital gain. For disposals
from 29 November 1993, no relief is given for an indexation loss
(subject to a two-year transitional period).
index tracker Investor, fund or fund manager who aims to copy the results of an
index.
index tracking An index tracking fund aims to follow a particular index as closely as
possible. It does not aim to beat it. It invests only in the companies that
make up that index. Index tracking removes the need to employ fund
managers, which means charges tend to be lower.
indexation allowance Factor that reduces the taxable amount of capital gain to allow for
inflation. This is achieved by uplifting the acquisition cost that is
subtracted from disposal proceeds.
This allowance was provided for capital gains tax until 5 April 1998
when it was replaced by taper relief. Indexation is still claimed for
chargeable gains by companies.
index-linked pension Pension which increases each year according to an index to provide a
measure of protection against inflation. A pension which is not index-
linked is known as a level pension.
There are usually three choices for index-linking:
● full indexation: where the pension paid is increased in line
with an index (usually Retail Prices Index) regardless of how high the
index goes;
● limited price indexation: where the pension is increased in
line with an index to a maximum percentage (often 5%);
● escalation: where the pension increases each year by a fixed
amount (often 3%) regardless of the rate of inflation.
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For a private pension, the member usually has a choice. This can
significantly reduce the amount of pension payable. for example, using
recent annuity rates, a 65-year old man retiring with a pension fund of
£100,000 could receive a monthly level pension of £615, or £419 with
3% escalation, or £392 with full RPI indexation.
For an occupational pension, the extent of indexation is set out in
the terms of the scheme. Public sector pensions enjoy full indexation.
individual accounts Term used in Companies Act 2006 s394 meaning the accounts for each
individual company, as against consolidated accounts.
indirect Not direct, such as where there is one step in between cause and effect.
If A causes B which causes C, A is an indirect cause of C.
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indirect control Where an entity has control over an asset or business, but this is not
direct control. A common example is a subsidiary of a company.
indirect expenses Overheads and any other expenses which are not directly incurred in
producing goods or services, such as rent, insurance and administration
expenses.
indirect export Customs procedure which refers to goods declared in the UK leaving
the European Union via another member state.
indirect labour Cost of paying employees not directly involved in producing goods or
services.
indirect method (of operating cash flow) Calculates operating cash flow by adjusting operating
profit for non-cash items and for changes in working capital.
indirect representation A third party who makes a customs declaration in their own name, but
on behalf of a trader.
indirect taxes Taxes charged on spending rather than earnings. The term comes from
the fact that the tax is not paid directly to the taxing authorities.
Indirect taxes include value added tax, Customs duties, excise
duties, stamp duty, stamp duty land tax, stamp duty reserve tax,
landfill tax, air passenger duty, insurance premium tax, climate
change levy and aggregates levy.
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indoor relief Assistance once provided to the poor by their being a workhouse which
provided their accommodation and a small income.
indorsement in blank When a bill of exchange has been indorsed but specifying no
indorsee. Such a bill becomes payable to bearer (Bills of Exchange Act
1882 s34(1)).
industrial activities Activities that fallen within divisions 1 to 5 of the Standard Industrial
Classification. These are broadly energy, mining, engineering,
manufacturing and construction.
The provision of water for such activities is usually standard-rated
unlike water for domestic use (VAT notice 701/16).
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industrial building Building that attracted a capital allowance until 6 April 2011.
industrial hereditament Term used in Rating and Valuation (Apportionment) Act 1928 s3 to
determine how rates were calculated on certain premises used both as a
residence and industry. These definitions were used in Finance Act
1954 s28 in reducing the rate of estate duty payable.
The 1928 Act was repealed on 19 May 1997, and the relevant part
of Finance Act 1954 was repealed by Finance Act 1975.
industrial tribunal Old name for what is now known as an employment tribunal.
industrial union Term used from 1910 for trade unions which were related to a
particular industry rather than to a particular employer.
in esse Latin: in being. The term describes something that actually exists.
inflation Amount by which prices increase each year. Note that inflation
measures the amount by which prices increase, not the amount by
which the value of currency decreases.
“A rise in the general price level of goods and services. Often
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inflation accounting System designed to allow for the fact that money has lost value during
the accounting period. No system of inflation accounting is currently
recognised in the UK.
Two systems of inflation accounting have been tried in the UK:
current purchasing power (CPP) and current cost accounting
(CCA).
inflationary gap Economic term describing when there is too much demand in the
economy.
This excess level of demand tends to lead to demand-pull
inflation.
in force business Insurance that is current and for which premiums are being paid or for
which premiums have been fully paid. The term is particularly used for
life insurance and health insurance.
informal arrangement Work done on a casual basis, such as where a person helps his
neighbour start a car.
Where work is done on such a basis, the provisions of the national
minimum wage do not apply.
information code Number on a driving licence which indicates a restriction on what the
holder may driver. For example, 40 means modified steering and 78
means restricted to vehicles with automatic transmission.
information order Court order requiring a debtor to attend court to explain why a debt has
not been paid.
information rights In relation to shareholders, this is the right to receive a copy of:
● every communication to shareholders;
● a copy of the annual report and accounts; and
● the right to receive a written copy of them (rather than have
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access to a website).
information systems Combination of information technology and the people who support
and operate such technology
information technology Term used from 1958 for all aspects of computing and
telecommunications.
infrastructure charges Charges made under Water Act 1989 towards costs of providing
sewerage services. Such charges are standard-rated for VAT and do not
come within the scope of zero-rating for sewerage charges (VAT notice
701/16).
Infrastructure UK (IUK) Body announced in the June 2010 Budget to promote private sector
investment in British infrastructure (Budget Red Book para 1.83).
ingot Bar of a precious metal made to a predetermined size and purity for use
as bullion.
Ingram Leading inheritance tax case on lease carve out schemes. Its full
citation is Ingram v Palmer-Tomkinson [1998].
Under the scheme the transferor granted herself a lease from a trust
she had set up. The House of Lords held that this was not a gift with
reservation. Such a scheme has now been blocked by Finance Act
1999 s104.
inheritance tax Tax paid on the estate of someone who has died.
It was introduced in 1986 as a replacement for capital transfer tax.
A loan to pay inheritance tax may qualify for income tax relief
under Income Tax Act 2007 s403.
Inheritance Tax Act Act of Parliament originally enacted as Capital Transfer Tax Act 1984.
It was renamed by Finance Act 1986 s100(1)(b).
representatives and sent to the bank who will arrange payment without
waiting for probate or letters of administration.
inhibition In land law, an entry in the land register that has the effect of
prohibiting dealing in the land until either a specific event happens or a
further entry is made. An inhibition is often imposed when there is a
dispute over the ownership of the land.
initial chargeable event First chargeable event of an employee share ownership trust, as
defined in Finance Act 1989 ss69-71.
initial contribution Sum paid by HMRC to start a child trust fund (Child Trust Funds Act
2004 s8).
initial criteria The two factors considered by social security officers in deciding
whether someone is eligible for a budgeting loan from the Social Fund.
initial direct costs In accounting, costs incurred by a lessor in negotiating and otherwise
setting up a lease (SSAP 21).
initial extra accessory In the context of taxing company cars, a qualifying accessory which is
a non-standard accessory and is available with the car when it is first
made available to the employee (Income Tax (Earnings and Pensions)
Act 2003 s126(2)).
initial period Period of two years from when a company receives its trading
certificate (Companies Act 2006 s598(2)).
This term is used to state a period that restricts a public company
from making certain arrangements relating to transfers for non-cash
assets.
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initial requirement The requirement that a public company may not commence trade or
borrow money until it has allotted share capital of at least the
authorised minimum (Companies Act 2006 s765).
initial sum First amount of money, particularly a small amount used to create a
trust where a much larger amount is to follow later.
inland bill Bill of exchange “which is or on the face of it purports to be (a) both
drawn and payable within the British Islands, or (b) drawn within the
British Islands upon some person resident therein” (Bills of Exchange
Act 1882 s4(1)).
inland clearance depot A place approved by HMRC to which goods imported in containers or
vehicles may be removed for entry, examination and clearance; and at
which goods intended for export in container or vehicles may be made
available for export control.
inland postage Charge for posting a letter to an address in the same country.
Inland Revenue Body charged with collecting direct taxes and other duties until it
merged with Customs and Excise into HMRC in 2005.
inmate Term used in Taxes Management Act 1970 s14 to mean the equivalent
of a lodger.
inn Public house that offers food, drink and overnight accommodation. An
inn must accept anyone who needs such services, provided they are
willing to pay, they behave and the inn has room. The innkeeper has a
common law right of lien over the customer’s luggage to secure
payment.
Inner House Part of the Court of Session in Scotland. It comprises the Lord
President and seven other senior judges.
Inner Temple One of the Inns of Court. It is situated between the Strand and
Embankment and was established in 1440.
innocent explanation The Inspectors’ Manuals repeatedly state that an innocent explanation
for an event must be preferred to an assumption of illegality.
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in posse In law, description of something which does not exist but which may
exist
input tax VAT paid or payable by taxable persons on goods or services supplied
to them (or acquired by them from another European Union (EU)
Member State), which are used, or to be used, for the purpose of their
business. VAT registered persons can reclaim input tax.
inputs Goods or services which have been acquired by a business. The VAT
on inputs is input tax and may be offset against a trader’s output tax.
inquartation Process of refining gold which involves nitric acid. This acid does not
dissolve gold, but does dissolve silver and base metals. This is the
origin of the expression acid test.
inquiry office Office to which members of the public may go to have their questions
asked, particularly such an office operated by HMRC.
inquisitorial system System of court procedure whereby the court enquires into the truth
rather than letting opposing advocates argue the matter. In Britain, the
coroner’s court is the only one to use this system, though it is more
widely used in Europe.
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in rem In law, an act, proceeding, right or similar which relates to the world at
large, as opposed to one which is in personam, that is against a specific
person.
insider information Information gained by someone inside, or close to, a listed company
which could confer a financial advantage if used to buy or sell shares. It
is illegal for a person who is in possession of inside information to buy
or sell shares on the basis of that information.
insider trading Illegal buying or selling of shares, or other financial trade, which is
motivated by a desire to make a profit and exploits knowledge a person
has as an insider. It is a criminal offence under Criminal Justice Act
1986.
insignificant failure Failure to comply with a tax provision but where no adverse
consequence follows. The term is particularly used for personal
pension input amounts for a regular payment that is missed.
insolvency Financial status of owing more than you own. It is not a legal status.
In itself, insolvency imposes no restrictions on the individual or
business and has no legal consequences. Insolvency only incurs legal
consequences when a procedure such as bankruptcy or liquidation is
started.
Capital gains tax implications are explained in Taxation of
Chargeable Gains Act 1992 s66.
Insolvency Service Agency of the Department for Department for Business, Innovation and
Skills (or its predecessors) which oversees insolvencies.
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inspection of property When a court adjourns to a site to examine the subject matter of
proceedings.
inspection stamp Stamp or equivalent mark placed on goods to show that they have been
inspected and found satisfactory.
inspector of taxes Official of HM Revenue and Customs who is responsible for ensuring
that individuals and businesses pay the correct amount of tax.
inspectors’ manuals Guidance issued by Inland Revenue (now HMRC) to tax inspectors.
For decades they were regarded as confidential. Between 1990 and
1996, they have been made progressively available, including on
HMRC website: www.hmrc.gov.uk.
Some parts of the manuals are withheld where these could be used
for tax avoidance.
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instalment option Option given in Inheritance Tax Act 1984 s227 allowing tax to be paid
in ten annual instalments.
instant access Accounts where the customer may draw money immediately without
losing interest.
instrument Written document that has legal consequences, such as will, deed or
conveyance.
insufficient evidence Direction that a judge may give to a jury that the evidence submitted
does not meet the necessary standard required by law.
insufficiently resourced Term used in Pensions Act 2004 s44(3) with regard to a service
company which is provided with insufficient funds to meet its
obligations under a final salary (or defined benefit) scheme.
insurable interest The right to insure something. A person may take out insurance on
someone else’s life or someone else’s property provided they can
demonstrate that they would suffer loss if the insured risk happened. An
employer may insure the life of a key employee, for example.
The requirement for insurable interest in someone else’s life is
contained in Life Assurance Act 1774 s1. The amount insured may not
exceed that interest (ibid s3).
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insurance cover The amount and extent of protection an insurance policy holder has
against the risk of suffering a loss from an insured peril.
insurance policy Document which sets out the terms of an insurance contract.
insure Take out a contract which pays compensation if a person suffers a loss.
intangible asset Asset which has no physical form, such as copyright, patent or
goodwill.
intangible income Benefit donated to a church or other charity, other than cash or a
tangible asset, such as free use of office space or free printing.
The general accounting rule is that such income is only included as
a donation if the donor incurred expense in providing it. So temporary
use of surplus space would not be included, but where a business paid
for space to be available, that would be included.
intangible property In law, property that has no physical existence, such as choses in action
and incorporeal hereditaments. In accounting, the term intangible asset
is used.
integral features In tax, parts of a building which are subject to the same 10% capital
allowance as the building itself. This provision was introduced from 1
April 2008.
integral features Term used from 1 April 2008 for parts of a building that attract a 10%
capital allowance and are part of the special rate pool, as against the
normal 20% capital allowance for plant and machinery.
Integral features include thermal insulation, electrical systems, cold
water systems, space or water heating, air cooling, air purification, lifts,
escalators, moving walkways, external solar shading.
integrated accounts Accounting records which perform the functions of both financial
accounts and management accounts. This means that the records
show how much profit is being made, and where it is being made.
integrity In auditing, “prerequisite for all those who act in the public interest”
(APB ES 1 para 7).
This para goes on to say that it requires “related qualities such as
fairness, candour, courage, intellectual honesty and confidentiality”.
inter-group transfer Transfer of an asset between companies in the same group. The tax
treatment is explained in Taxation of Chargeable Gains Act 1992 s19.
intellectual property Copyright, patents, technical designs, trade marks, know-how and
similar. It is an intangible asset.
Customs may seize goods that infringe trade marks and copyright
under Goods Infringing Intellectual Property Rights (Customs)
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intending supplies Supplies a person plans to make in the course of a trade. A business
may register for VAT on the basis of intending supplies without having
to wait until actual supplies start.
intending trader Person or business that intends to make supplies. Such a person may
register for VAT before starting to make supplies.
intention In law, the state of mind of one who brings about a consequence. In
criminal law, it is one of the main forms of mens rea. In tax
prosecutions, innocent intention can reduce or avoid a penalty.
intention of testator Legal principle used to interpret a will, as evidenced in many court
cases. If a testator left money to “Mother” and it can be shown that he
referred to his wife, she will be the beneficiary.
intention to contract When a party expresses a desire to make a contract. In itself, such
intention does not create a contract.
inter arma leges silent Latin: between armies the law is silent
intercepted goods For Customs, goods where Customs has taken temporary possession
while it investigates whether any relevant law has been breached.
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interest sum paid to borrow money (interest payable), or received for lending or
depositing money (interest receivable).
interest (on loans) The percentage return on capital required by the lender (usually
expressed as a percentage per annum).
interest bearing deposits Deposit in a bank or similar institution which pays interest on the
deposit.
interest charges Charges made on a loan or similar which are calculated according to the
amount borrowed and length of time for which it is borrowed.
interest free period Period when a lender offers to provide money without charging interest.
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interest in a settlement The capital gains tax implications are given in Taxation of Chargeable
Gains Act 1992 from s169F.
interest in expectancy Term used in Finance Act 1969 s38 in relation to estate duty. The
provisions has now been repealed by Finance Act 1975.
interest in land For the purposes of excluding property development from the tax
provisions for venture capital trusts, term which is defined as:
“(a) any estate, interest or right in or over the land, including any
right affecting the use or disposition of land, or
(b) any right to obtain such an estate, interest or right from another
which is conditional on the other’s ability to grant it”. (Income Tax Act
2007 s307(3)).
Section 307(4) excludes from this definition interests that arise from
mortgages, secured loans and similar.
interest in shares Another term for interest in a company’s shares (Companies Act
2006 s820).
interest on late payment A statutory right for late payment of an invoice properly issued in the
course of business.
interest only Description of a mortgage method, where the borrower only pays the
interest each month. This differs from a repayment mortgage where
some capital is also repaid each month.
interest rate A percentage which determines how much interest is charged on a loan
or earned on an investment.
interest rate in a lease Interest rate that is implicit in a lease (SSAP 21).
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interest rate margin Difference between the rate of interest a financial institution pays on
money borrowed and money deposited. This is also known as the turn.
interest rate swap Agreement between two organisations to exchange borrowings. This
often happens when one loan is at fixed interest and the other at
variable interest. Such a swap is also known as a pure vanilla swap.
interest-only mortgage Mortgage where regular payments are only made of interest leaving the
whole principal to be repaid.
interim (1) Description of a financial provision which applies part of the way
through the year.
(2) Description of a licence, order or similar which is issued on a
temporary basis until the full equivalent can be issued.
interim authority notice In relation to licensed activities, a notice which may be served on a
local authority on the death, incapacity or insolvency of a licence holder
which allows a person to act as a temporary replacement for the licence
holder (Licensing Act 2003 s47).
interim charging order Court order which prevents property being sold which may be subject
to a charging order.
interim designation Order that may be made by the Treasury against a suspected terrorist
under Terrorist Asset-Freezing etc Act 2010 s6. Such an order lasts for
30 days.
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interim dividend Dividend payable on the basis of part of the year’s trade, often the first
six months.
interim measures In competition law, temporary sanctions that the European Commission
may impose on a business that appears to be breaching European
competition law.
interim order In an IVA, temporary protection from creditors while a formal IVA is
being prepared.
interim receiver (1) Receiver appointed to deal with the affairs of an insolvent person
until a bankruptcy order is made.
(2) Temporary receiver of seized goods, whose powers are set out in
Proceeds of Crime Act 2002 s247.
interim receiving order Order made under Proceeds of Crime Act 2002 s246 to seize property.
interim rent Rent that a court can order a tenant to pay when the tenant has given
notice to quit and the tenant has applied for a new tenancy.
interim reports Financial statements issued in the period between annual reports,
usually half-yearly or quarterly.
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intermediary (1) In financial planning, a person or organisation that offers advice and
arranges policies for clients. Under UK regulations, intermediaries must
be either a tied agent, whereby they represent only one company in the
case of life business or a limited number of companies for general
business, or an independent agent, whereby there is no limit on the
number of companies with which they can deal.
(2) In taxation of employees, a third party who engages the services of a
worker, as defined in Income Tax (Earnings and Pensions) Act 2003
s49(1)(b).
intermediate debt Debt which must be repaid in four to ten years’ time.
internal control Management system designed to ensure that the organisation is properly
controlled.
internal growth When a business increases in size by expanding its existing activities.
Internal Market The provision of support services to other departments within the
County Council.
internal migration Relocation of people within a country, usually to secure better earnings
in a more industrialised area.
different dates, and then determining what interest rate this represents.
Suppose a company spent £100,000 and received £30,000 in each of
the following four years.
This can be expressed as:
100,000.r – 30,000.r2 – 30,000.r3 - 30,000.r4 = 0
This cannot be solved algebraically. The mathematics requires
iteration (of software that can do this).
The IRR can be determined as 7.714% thus:
internal telephone Telephone system which links people working within an organisation.
internal transit One of the transit procedures which Customs may apply to goods
presented on importation.
Internal transit allows the goods to pass through a third country on
their way to another EU member state without any further Customs
formalities.
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international currency
international development
Commitment to move towards 0.7% of gross national income
(International Development (Reporting and Transparency) Act 2006 s3.
An annual report must be issued on how far this target is being met.
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international services Category of supplies which are zero-rated under Value Added Tax Act
1994 Sch 8 Group 7. It largely relates to goods imported for work to be
done before being exported. Work of intermediaries is also included.
international transport Transport between the UK and another country. It is generally zero-
rated under Value Added Tax Act 1994 Sch 8 Group 8.
Internet sales Many sales are now made using the Internet. The main ones are eBay,
eBid, CQout, QXL and Tazbar. There are also specialist sites for a
limited range of goods.
Sites usually operate on the auction basis whereby the sale is made
to the person who has bid the highest amount by a certain date. Other
sales are made on the buy now principle where a sale is made
immediately for a fixed price. A third alternative is for the site to match
buyers and sellers and allow them to make their own arrangements.
All sites are funded by a mixture of charging commission (usually
to the seller alone) and from displaying advertising on their web pages.
Internet sales are regulated by the Distance Selling Regulations
(DSR) and E-Commerce Regulations (ECR). The main sites have
also agreed with the Office of Fair Trading to state whether a sale is
made by a business or an individual.
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Interpretation Act Interpretation Act 1978, which provides guidance on how Acts of
Parliament are to be understood.
Interpretation Service Term used by HMRC for its facilities to provide guidance in languages
other than English and Welsh.
inter-rater reliability In statistics, psychology and other disciplines, measure of how well
independent observers score the same event, where 1 represents an
exact match and 0 a complete lack of matching.
interrupt-driven Description of a worker who spends all his time dealing with
interruptions.
intersectional discrimination
When a person suffers discrimination on more than one ground, none
of which is sufficient to justify a claim on its own.
intervening year Tax year that falls between the year of departure and year of return
for a temporary non-resident (Taxation of Chargeable Gains Act 1992
s10A(8)).
intervention mechanism Method used by central banks to maintain the value of their currency.
intervention stocks Agricultural products which have been bought from the market as part
of the European Union market support arrangements.
inter vivos trust Trust established for the benefit of a living person.
intestacy State of not having a will which deals with all the property of a person
on death.
Total intestacy is where no property may be disposed of by a will,
usually because the deceased did not make one.
Partial intestacy is where some but not all property may be
disposed of by a will.
Where a person is intestate, the property passes under the
Administration of Estates Act 1925 and subsequent legislation.
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in the black In funds, or profitable. The expression comes from the old practice of
banks to use black ink for cash balances and red ink for overdrawn
balances.
in the red Overdrawn, or unprofitable. The expression comes from the old
practice of banks to use black ink for cash balances and red ink for
overdrawn balances.
intimate search “Search which involves a physical examination (that is, an examination
which is more than simply a visual examination) of a person’s body
orifices” (Customs and Excise Management Act 1979 s164(5)).
This may only be conducted by a registered medical practitioner or
a registered nurse.
The person to be searched, known as the suspect, may require this
to be authorised by a justice of the peace or the superior of the Customs
officer.
Intranet A private network of computers. There are many intranets scattered all
over the world. Some are connected to the Internet via gateways.
Intrastat The system for collecting statistics on the trade in goods between
European Union (EU) Member States. The system exists throughout the
European Union (EU) and requirements are similar in all Member
States.
intra-union duties Customs duties or other import tax charges between members of the
European Union.
The original member states had phased out all intra-union duties by
31 December 1969. States which subsequently joined were allowed a
period to phase them out. The UK phased out intra-union duties by 30
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Leach’s tax dictionary as at 15 June 2011, page 756
June 1977.
intrinsic value Material value of something which derives from the item itself.
The intrinsic value of a watch is the value of the watch as a
timepiece and item of jewellery. If the watch had been owned by a
famous person it may also have extrinsic value.
introduction (1) When one person introduces another person to a third person.
(2) Preliminary part of a book or report which sets the scene for the
substantive material that follows.
introductory offer Special price or terms when a product or service is launched designed
to encourage customers to try it.
invalid care allowance Social security benefit which was paid to those who provided care for a
disabled person. It was replaced by carer’s allowance from 1 April
2003.
inventory Stock of items held for sale. The term is sometimes preferred to “stock”
to avoid confusion with other meanings of the word.
inventory financing American term for when the money from working capital is used to
purchase stock for resale.
inventory system Computer system that controls the arrival and departure of
consignments at most ports and airports in the UK. See also Direct
Trader Input system (DTI system).
inventory turnover Accounting ratio calculated as value of stock sold divided by value of
goods in stock at the end of the accounting period.
investigating officer Civilian who is so designated by a chief officer of police under Police
Reform Act 2002 s38(2).
investing activities The acquisition and disposal of long-term assets and other investments
not included in cash equivalents.
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investment analyst Person who analyses shares, securities and markets with a view to
producing information to aid investment decisions.
investment bank Bank which deals with such areas as underwriting new share issues.
investment company Company whose shares may be traded on a stock exchange, and whose
business is trading in shares of other companies.
In relation to distributions, the term is defined in Companies Act
2006 s833(1).
investment date For CITR, date on which a company makes an investment in a CITR
(Corporation Tax Act 2010 s223).
investment income Alternative name for unearned income. It comprises all income from
investments, rent, licence fees and royalties (unless the taxpayer created
the work).
Historically investment income was taxed at a higher rate than
earned income. This ended with the abolition of investment income
surcharge from 6 April 1984.
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investment property Property which is owned primarily as an investment rather than for
occupation.
investor protection Laws, regulations, procedures and similar measures which are designed
to protect investors from unscrupulous offers. They provide no
protection for properly made investments which perform badly.
Investors in People (IIP) UK national standard which sets out a level of good practice for the
training and development of people to achieve business goals.
invisible assets Assets which have a value but cannot be seen. In practice, they are the
same as intangible assets.
invisible earnings Income from services such as banking and insurance, rather than from
selling goods.
invisible hand The invisible hand is an expression that came about from work by
Adam Smith. He argued that the 'invisible hand' would organise
markets and ensure that they arrived at the optimum outcome. This
would all happen by individuals and firms pursuing their self-interest,
yet despite this apparent selfishness, the invisible hand of markets still
ensured the best outcome for all concerned.
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invitation to treat A suggestion that a person may wish to make an offer, such as to buy
goods. Most advertisements and price tickets are invitations to treat.
An invitation to treat is not an offer under contract law. A person
who accepts the invitation is regarded as making an offer. The contract
is only made if the other person accepts that offer. A leading case is
Pharmaceutical Society of Great Britain v Boots Chemists (Southern)
Ltd [1953].
invoice Document which confirms that a supplier has supplied his goods or
services, and states the price charged for the goods.
The form of an invoice is largely a matter for the discretion of the
supplier, though some requirements are stipulated for specific purposes,
particularly for VAT. An invoice may be validly sent by fax or e-mail.
An invoice is not necessarily a demand for payment, as the
customer may have paid in advance. In such a case, it is good practice
(though not legally necessary) to note on the invoice that payment has
already been received.
In most businesses invoices received from suppliers are checked
and then entered on a bought ledger (also known as a purchase
ledger) against the name of the supplier. The check typically needs to
answer these questions:
● have the goods or services been received?
● are they satisfactory?
● did we order them?
● did we agree the price?
● is the invoice arithmetic correct?
The invoice should only be entered on the bought ledger if all the
answers to the questions above are yes. If any of them is no, the matter
must first be resolved with the supplier.
The bought ledger is a memorandum account outside the double
entry bookkeeping. Purchase invoices are brought into the bookkeeping
by a purchase day book (or computer equivalent). The debits are to the
various expense accounts, and the credit is to “creditors” with any
recoverable VAT subtracted and posted to “VAT”.
Sales invoices are similarly recorded on both a sales ledger and in
the double-entry bookkeeping. The sales ledger is used for the purposes
of credit control to obtain payment. The double-entry for sales is to
debit debtors, and to credit VAT and sales.
invoice clerk Employee whose job involves processing invoices in the accounts
department.
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invoice price Amount charged for goods or a service, as shown on the invoice.
invoice register List of invoices either issued or received (more commonly the latter).
inward processing Process whereby goods are brought into the UK for a process before
being exported again. Any process can bring the goods with the scope
of inward processing, including repair, repackaging and assembly.
In general, no Customs duty is payable for inward processed goods,
though a payment is usually required for later refund.
Relief for inward processing is given in one of two ways:
suspension system and drawback system. The former allows for relief
when the goods are exported. Such goods are known as compensating
products. The drawback system requires the duty to be deposited with
Customs for refund.
in-work credit Social security benefit that may be payable for up to 52 weeks when
starting in a new job. It is paid under Employment and Training Act
1973 s2.
This benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
in-year forms Forms filed with HMRC during the tax year, rather than at the end of it.
For payroll, this includes the various P45 and P46 forms.
in-year PAYE payment Payment of monthly PAYE. The term is particularly used for the new
penalties introduced from 6 April 2010 for late payment.
in-year rise For tax credits, increase in income from the start of the year when
income was declared. An in-year rise may be disregarded up to a limit.
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IP Intellectual property.
I promise to pay Words on a promissory note. If the note bears more than one signature,
all signatories are jointly and severally liable to pay (Bills of Exchange
Act 1882 s85(2)).
IRC Inventory Return Code - used by the Cargo Community System (CCS-
UK) to indicate that inventory details sent by the Customs Handling of
Import and Export Freight (CHIEF) system are incorrect or invalid.
Irish land boundary The boundary between Northern Ireland and the Republic of Ireland.
Goods that cross the boundary to the Republic are regarded as removed
to another EU member state for VAT purposes. Notice 725 states what
evidence is required for such removals.
Irish loan “Means a loan to Ireland by the United Kingdom” (Loans to Ireland Act
2010 s1(2)).
Iron Curtain Symbolic division between Eastern and Western Europe between 1945
and 1991, indicating that the West did not know what the East was
doing.
irrecoverable debt Sum of money owed to you for which you are unable to obtain
payment.
irrecoverable loss Loss which a person must bear himself without being able to claim on
an insurance policy or otherwise be compensated from someone else.
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irredeemable bond Government bond which has no maturity debt. It earns interest but its
value can only be recovered by selling it.
Irretrievable Loss When goods have been rendered unusable by any person (taken from
Code Article 206).
irrevocable trust A trust arrangement that cannot be revoked by the settlor who created
it.
IRS Internal Revenue Service, the taxing authority in the United States.
IS Information systems.
ISDN (1) Integrated Services Digital Network. Digital phone connections that
are faster for computer.
(2) Income Support Deduction Notice.
Islamic finance Financial arrangements that are consistent with Sharia law for
Muslims.
The main provision is the prohibition of charging any interest. This
is circumvented by arranging for an equivalent sum to be paid as a
share of profits, which is permitted.
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Isle of Man Part of British Isles that is not part of the United Kingdom. For the
purposes of VAT, the Isle of Man is treated as if it were part of the UK.
ISO codes Three-letter codes which identify currencies and stores of value. These
are allocated by the International Organization for Standardization
(ISO) under their standard ISO 4217.
For most currencies, the code typically comprises two letters
denoting the country and one letter denoting the currency, so the US
dollar, British pound and Japanese yen are respectively USD, GBP and
JPY. The euro is EUR
Stores of value are often denoted by X followed by two letters (such
as the atomic symbol) so gold and silver are XAU and XAG. There are
some symbols for currencies for particular applications, such as special
drawing rights and the US dollar for next day funding.
isolated transaction Unique transaction that is not repeated. Such a transaction may be
regarded as a trade if of a commercial nature, such as in CIR v Fraser
[1942] 24TC498 which related to an isolated transaction of buying a
large quantity of whisky and reselling it at a profit. The matter is
discussed in the Inspectors’ Manual at BIM20230.
issue at a discount When a security is issued for less than their par value.
In general, shares may not be issued at a discount but debentures
and other forms of debt instrument may be.
issue at a premium When a security is issued for more than its par value. This is legal for
shares and all other forms of security.
issue costs “The costs that are incurred directly in connection with the issue of a
capital instrument, that is, those costs that would not have been
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incurred had the specific instrument in question not been issued” (FRS
4 para 10).
issue price Price at which shares or other financial instrument are issued to
investors.
issue requirement Conditions which must be met by the terms of an issue of shares for
them to qualify for tax such relief, such as for EIS relief under Income
Tax Act 2007 s173A-174.
issued capital Amount of authorised capital which the company has issued to
members.
issued share capital “Shares of a company that have been issued” (Companies Act 2006
s546(1)(a)).
issuing company Company which issues equity notes (Income and Corporation Taxes
Act 1988 s209(2)(e)(vii)).
Italy Member state of European Union, for which purpose these territories
are excluded: Campion d’Italia, the Italian waters of Lake Lugano, and
Lvigno.
itemise List the items which make up something, such as the constituent parts
of a bill explaining how the charge has been calculated.
itemised pay statement Payslip which gives details of gross salary or wages, the amount of any
variable element, the net amount payable, and a breakdown of any part
which is paid differently from the rest. Such a statement must be
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iteration Mathematical method used for solving problems which can be defined
but not easily solved by other branches of mathematics. An example is
calculating internal rate of return or a square root (when only the
basic arithmetic functions are available).
Iteration works by guessing at an answer, testing it, and refining it
in the light of that test, until the answer is sufficiently accurate.
For example, suppose we want to know the square root of 10 to four
decimal places. We might guess that the answer is 2. Dividing this into
10 gives us 5, so we know the answer lies between 2 and 5. We then
divide by the average of these two numbers, and continue this process.
This will give these answers:
number 10 ÷ number average
2 5 3.5
3.5 2.857 3.1785
3.1785 3.1461 3.1623
3.1623 3.1623 3.1623
Even though our first guess was some way out, it took only three
iterations to get an accurate answer.
ITLR International Tax Law Reports, a series of law reports first published
in 1998.
IVA equity release When a person subject to an IVA raises funds by selling property
before the IVA ends.
ivory Material from the tusks of elephants. Ivory and goods made from ivory
may be seized by Customs if brought into the UK unless the holder has
a CITES permit.
J
J (1) Abbreviation for judge, or “Mr Justice ....”
(2) Suffix for a tax code used only in 2001/02. It indicated that the
taxpayer was entitled to the married couple's allowance and only paid
tax at the then starter rate of 10%.
Jaffa cake For VAT purposes, this is a zero-rated cake and not a standard-rated
biscuit.
January effect Tendency of share prices to rise at the start of a new calendar year.
Japanese knotweed Plant whose Latin name is Fallopia japonica. It was introduced to the
UK in Victorian times as an ornamental garden plant and as a means of
stabilising railway embankments. The plant has no natural predators
and can be very destructive. For example, it can push through tarmac. It
can be a problem to eradicate.
For landfill tax purposes, HMRC stated in HMRC Business Brief
62/2008 that the plant is regarded as a substance which qualifies for
land remediation relief. Previously HMRC did not accept that a plant
could qualify for this relief.
Jarvis v Swan Tours Court case of 1973 which held that a person could sue for mental
distress.
J curve Shape on a graph which looks like an elongated letter J. It illustrates the
effect of a falling exchange rate on a country’s balance of trade.
Jenkins, Roy Labour politician (1920-2003) who was Chancellor of the Exchequer
from 30 November 1967 to 19 June 1970 in Harold Wilson’s
government. He raised taxes to deal with economic crises and got the
national current account into surplus by 1969. He went on to hold other
senior positions.
jetsam Goods jettisoned from a ship and then washed up on shore. Some
authorities limit the term to goods washed up from a ship that has sunk.
job lock Situation where someone wants to leave their job but does not want to
lose the pay or benefits that go with it.
Job Release A scheme introduced in 1977 under Job Release Act 1977 which
allowed tax-free payments to be made to people approaching retirement
age to create job vacancies which would otherwise not exist.
It was originally planned to last for 18 months, but was twice
extended by Statutory Instrument, finally ending on 29 September
1988.
joining fee Fee charged by a body for joining it. It is generally treated as the same
as the annual subscription.
The VAT position is given in VAT leaflet 701/5.
joint account Account which is shared by two people, particularly a married couple.
joint and several liability Legal right to sue any member of a group when a sum is owed by that
group. This liability only arises in specific situations, such as in a
partnership.
joint claim Claim for tax credits made by two people together, as against a single
claim.
joint committee In relation to local authorities, water boards and similar, documents
relating to conveyance of property are exempt from stamp duty
(Finance Act 1952 s74).
joint cost Cost borne by two or more people, or where a cost is apportioned
between two or more cost centres.
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joint funding A grant project supported by more than one donor, each of whom may
provide monies for a specific component of the overall project or who
may contribute to a common pool of funds.
joint life annuity An annuity contract that pays a benefit throughout the joint lifetime of
two people.
joint property Property that is owned by two or more people. The legal and tax
treatment can depend on whether it is owned as a joint tenancy or as a
tenancy in common.
joint stock company Public company whose shares are owned by many people. The term is
now generally replaced by public limited company.
joint unit-holder In the context of commonhold property, two people who jointly are a
unit-holder (Commonhold and Leasehold Reform Act 2002 s13).
Jones v Vernon Pools Court case of 1938 which established that parties may agree that their
arrangements shall not constitute a legal contract.
jottings book Bound book in which a person records odd scraps of information, such
as details from telephone calls or answering machines.
The date is recorded. The advantage of a bound book is that scraps
of paper are not lost.
Jubilee 2000 Campaign for debt relief launched during the 1990s requiring poor
countries to have their unpayable loans written off by 2000. The
campaign was led by Christian groups who saw it as appropriate to
revive the ancient custom to write off debts at a time of jubilee.
The campaign led to the HIPC programme.
judgment creditor Person who has acquired a court order against a debtor.
judgment in litigation Judgment of a county court or higher court when HMRC is involved in
litigation with a taxpayer. Under HMRC Notice of 19 March 2010, the
terms of a judgment must be obeyed even when the judgment is under
appeal. This means that the taxpayer must pay any tax owed and
HMRC must refund any tax overpaid. Previously, payments or
repayments were sometimes not made pending the appeal.
Under a transitional provision, an agreement made before 9
December 2009 not to collect tax pending an appeal is honoured.
HMRC also states that it will not enforce a judgment if the
consequence is to put the taxpayer into bankruptcy or insolvency. The
taxpayer should apply to HMRC to have the tax held over.
judgment summons A summons issued requiring a person against whom a judgment has
been obtained to attend court to answer questions about their means
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juke box For VAT purposes, this is regarded as an amusement machine (VAT
notice 701/13).
jumbo loan American term for a mortgage loan which does not correspond to US
federal government guidelines because it is too large.
junior Person who is younger or lower in rank. A person who holds such a
position.
junior capital Term occasionally used to described funds such as deferred shares.
Such capital is only repaid after claims for senior capital have been
satisfied.
junior partner Member of a partnership who holds a junior position, such as having
contributed less capital or having less management responsibility than
the senior partner.
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jus accrescendi inter mercatores pro beneficio commercii locum non habet
Latin: the right of survivorship among merchants, for the benefit of
commerce, does not exist.
Justice of the peace court Form of court similar to a magistrates’ court established in Scotland
under Criminal Proceedings etc (Reform) (Scotland) Act 2007 s59.
justices’ clerk Person appointed by the Lord Chancellor to assist magistrates (Courts
Act 2003 s27). There are also assistant clerks.
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practice.
K
K (1) Abbreviation for a thousand, as in £20K means £20,000.
(2) Form of tax code where the letter appears before the number. This
code is used in the PAYE system for employees where an amount must
be added to their gross pay to determine their taxable pay. The more
common arrangement is that an amount is deducted to reflect a portion
of the annual personal allowance. A K code commonly arises when an
employee has many taxable benefits in kind or has a large amount of
unpaid tax from a previous period.
The amount that is added may be determined from the same tables
(Table A) used to calculate the deductions for other tax codes. K codes
operate cumulatively, but the amount of tax collected cannot exceed
half of the gross pay in any pay period. Any excess is carried forward to
a future pay period.|
kangaroo For VAT, live kangaroos are standard-rated, but kangaroo meat
prepared for human consumption is zero-rated (VAT notices 701/14
and 701/15).
kapitalvinningsskattur Tax on capital gains in Faroe Islands. It comes within the scope of the
UK/Faroes Double Taxation Convention.
KB or KBD King’s Bench Division. Since 1875, part of the citation of a court case
heard in this division of the High Court during the reign of a king (ie
from 1900 to 1952).
keeping in touch (KIT) Day in which a woman may work during a maternity pay period
(MPP) without that period ending.
KIT days have only been permissible for births expected from 1
April 2007. A woman may take up to ten KIT days.
She is entitled to be paid statutory maternity pay (SMP) for KIT
days. Any additional payment is a matter to be agreed between her and
the employer. It is usual to add a sum equal to a normal day’s pay less
one day’s SMP.
If a woman works more than ten KIT days, her SMP is stopped for
the whole of the week in which she works each additional day.
A day is only a KIT day if she returns to work. A return to show
colleagues for purely social reasons, such as to show her baby to her
colleagues, is not a KIT day.
keeping open account Situation when merchants agree to honour each other’s bills of
exchange.
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kerb appeal Making a house for sale look attractive from the street to increase its
sale price.
key area One of 12 objects which a body must meet to be given charitable
status.
key management “Those persons in senior positions having authority or responsibility for
directing or controlling the major activities and resources of the
reporting entity” (FRS 8 para 2.3).
key person insurance Insurance designed to protect a business against the loss of income
resulting from the disability or death of an employee in a key position.
key rate Main rate from which other interest rates are calculated.
killed in action (KIA) Scheme that provided tax relief from estate duty for people killed or
missing in action during the second world war. There were two
schemes for deaths before 12 March 1952. These provisions can still be
relevant if claiming transferable nil rate band for inheritance tax, as
explained in HMRC Inheritance Tax and Trusts Newsletter April 2009.
The first scheme was of complete exemption, and applied to a death
from any cause (not necessarily related to military action) while a
person was serving in the armed forces, and had the rank up to corporal
(army), chief petty officer (navy) or equivalent air force rank.
The second scheme was of conditional exemption, and applied to all
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service ranks and all civilians drowned or killed within 12 months from
war injuries suffered between 3 September 1939 and 31 March 1948.
(The later date allowed for deaths from the blitz and torpedoing). The
remission was for the first £5,000 of property. A reduced rate of estate
duty was charged on any excess if the property passed to a close
relation.
These schemes are entirely separate from the reliefs for death from
active service, as set out at Inheritance Tax Act 1984 s154.
kith Friends, as opposed to relations. The term is often used in kith and kin,
meaning friends and relations.
knock for knock An arrangement between motor insurance companies where each
company pays for its own clients' claims and does not cross claim from
the other company, even if the driver at fault is insured with the other
company.
knock-out agreement Agreement whereby a buyer at an auction pays another potential buyer
not to bid as a means of reducing the sale price. Generally such an
agreement is illegal.
knowledge General term for information acquired by a person. The term has
acquired more specific meanings, such as the knowledge of an area
required by a taxi driver to be licensed.
knowledge management Human resources term for the systematic process of acquiring, creating,
analysing, sharing and using information with a view to better
achievement of the organisation’s goals.
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koi carp Ornamental fish that is standard-rated for VAT. The VAT tribunal held
that it could not be zero-rated as food in J R Chalmers LON/82/99.
kommunuskattur Municipal tax on income in Faroe Islands. It comes within the scope of
the UK/Faroes Double Taxation Convention.
krona Currency of Sweden before it adopted the euro in 2001. The plural is
kronor.
Krugerrand Bullion gold coin issued by South Africa. It contains one troy ounce of
fine gold, and bears a portrait of President Kruger.
Kuwait Country that was invaded by Iraq on 2 August 1990. Workers who were
in the country for any time in the previous 62 days and who were
unable to return to UK as a consequence may benefit from the
provisions of Finance Act 1991 s46 in relation to determining their
period overseas.
L
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L (1) Suffix for a tax code which indicates that the taxpayer is entitled to
the basic personal allowance. Before 1990/91, this was known as the
lower personal allowance (hence the letter) to distinguish it from the
higher allowance paid to married men and single mothers.
(2) Roman numeral for 50.
Lady Day Quarter day on 25 March. This is based on the Christian festival of the
annunciation to the Virgin Mary that she would give birth to Jesus. It is
therefore nine months before Christmas.
Lamont, Norman Conservative politician (1942- ) who was Chancellor of the Exchequer
from 28 November 1990 to 27 May 1993 in the government of John M
Major. He was Chancellor when Britain was forced out of the exchange
rate mechanism. Lamont made no secret that he welcomed this. He
abolished some minor taxes and reduced the rate of income tax.
land agent Person who administers a large are of land, such as a farm, on behalf of
its owner.
landed cost Cost of imported goods which includes all costs of delivery to port,
unloading and passing through Customs.
landfill “A site for the deposit of waste onto or into land where the site is:
(a) a waste disposal site, or
(b) used for the storage of waste”
(Waste and Emissions Trading Act 2003 s22(1)).
land law Provisions, some ancient, governing legal rights about land.
landing charges Payment for getting goods from a ship or aircraft on to land, including
through Customs.
landing order Permit which allows goods to be unloaded into a bonded warehouse
without paying Customs duty.
landline duty Tax announced in the March 2010 Budget to fund greater broadband
access. It was repealed in the June 2010 following a change of
government.
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land registration A record, held by the Land Registry, which lists the registered owner of
a plot and whether there are any legal charges upon it.
land remediation relief Scheme that allows 150% tax relief of the cost of cleaning up
contaminated land acquired from a third party. The scheme started on 1
April 2009.
Details of the relief are discussed in the Inspectors’ Manual from
CIRD 60051.
landside Any area outside the Customs controlled boundary of an airport. The
other side is airside.
landsskattur National tax on income in Faroe Islands. It comes within the scope of
the UK/Faroes Double Taxation Convention.
lands tribunal Tribunal that has power to determine questions relating to land.
If the value of land is disputed for capital gains tax or inheritance
tax purposes, the matter may be resolved by the lands tribunal.
land tax Tax and owning land and the right to receive tithes. It was first charged
in 1693. By the 20th century, the tax had reduced considerably in yield
as many land-owners exercised their right to “redeem” their tax liability
by making a single payment equal to 25 years’ tax. The tax was
completely abolished in 1963.
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land-use planning system The name for the planning system in the UK introduced on 1 January
1949 under the Town and Country Planning Act 1947. The relevant law
is now Town and Country Planning Act 1990 as amended, particularly
by Planning and Compulsory Purchase Act 2004.
land value tax Tax on the unimproved value of land. Such taxes have been
implemented in China, Estonia, Russia and Singapore. An attempt was
made to introduce such a tax in the UK in 1909. A leading exponent of
the tax was Henry George (USA, 1839-1897).
The term is used in Finance Act 1931 s28 (still in force) in relation
to stamp duty payable on documents to transfer land.
lapsed option Option which was not taken up and has now expired and become
worthless.
laptop Portable computer with the same power and capability as a desktop
system, but which can run for a short time on rechargeable batteries.
la reyne le vault Normal French: the queen wills it. Words of Royal Assent.
large company For corporation tax, this means a company that must pay its tax in four
instalments because its taxable profits either exceeded the upper limit in
the previous year or exceeded £10 million in the current year.
large goods vehicle (LGV) Vehicle which weighs more than 3,500 kilograms. Such vehicles are
category C1 up to 7,500 kilograms and category C above 7,500
kilograms. There are some exceptions where holders of an ordinary car
licence may drive such a vehicle.
large letter Scale of postal rates for packages between C5 and C4 size.
large pack For beer duty, a container in size greater than 10 litres and up to 400
litres. Most kegs and casks come within this scope.
Customs notice 226 sets out the procedure for determining the
quantity of such packs.
large raised reservoir Term defined in Reservoirs Act 1975 sA1 as introduced by Flood and
Water Management Act 2010 Sch 4.
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large vehicle A vehicle which weighs more than 3.5 kilograms and has a trailer
weighing up to 750 kilograms. This is category C on the driving
licence. A driver must generally be aged 21 to obtain a licence for this
category.
last in, first out (LIFO) Method of stock valuation which assumes that a stock item sold is the
last to be bought.
So if a company has three widgets in stock which cost it £3, £4 and
£5 respectively, and it sells one, LIFO assumes that the £5 one is sold.
(It matters not whether the item shipped was actually the last one to be
acquired.) The remaining stock is therefore valued at £7.
Using LIFO reduces profit and reduces stock values and is therefore
generally not acceptable for financial accounting or tax purposes.
In general the accepted method is first in first out (FIFO). Under
this method, it would be assumed that the £3 widget had been sold first,
and the remaining stock is valued at £9 (that is £4 plus £5).
last will and testimony Final document prepared by someone during their life in which they
state how their property should pass on their death.
late entrant Individual who joins a pension scheme after the date by which he
should have joined.
late night working There is not a taxable benefit in kind if an employer pays for transport
home after occasional light night working as set out in Income Tax
(Earnings and Pensions) Act 2003 s248.
latent allowance Amount by which the written down value of a fixed asset for tax
purposes exceeds the net book value in the balance sheet.
Under Finance Act 2010 s26 and Sch26 and other law, the latent
allowance of an acquired company may not be allowable against the tax
liability of an acquiring company. This provision is an anti-avoidance
measure to prevent companies reducing taxes by acquiring loss making
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companies.
late payment fee Charge made by a credit card company for being late with a repayment.
late registration penalty A penalty HM Customs and Excise may impose when a business does
not register for VAT on time, when the registration threshold is
reached.
latent ambiguity Word or expression which proves to have more than one meaning, as
against a patent ambiguity.
An example of a latent ambiguity is where a will leaves a bequest to
“my nephew John” when the testator has two nephews called John. In
general, a latent ambiguity may be resolved by external evidence, such
as a letter to John.
later accessory In the context of taxing company cars, a qualifying accessory which
was not available when the car was first made available to the
employee, was made available from 1 August 1993 and has a price of at
least £100 (Income Tax (Earnings and Pensions) Act 2003 s126(3)).
later years provider Provider of services for children from the age of five (Childcare Act
2006 s96(7)).
late stamping For stamp duty, stamping a document after the due date. This includes
stamping the document for insufficient amount and then further
stamping the document.
Late stamping may attract interest and penalties under Stamp Act
1891 s15A and s15B respectively.
launder Process of taking dirty money, such as from criminal activity, and
making it appear clean.
laurel Gold coin worth 20 shillings minted between 1619 and 1625.
law of the vital few Term sometimes used for Pareto principle.
law officer of the Crown “the Attorney General or for the purpose of criminal proceedings in
Scotland, the Lord Advocate or, for the purpose of civil proceedings in
Scotland, the appropriate Law Officer within the meaning of section 4A
of the Crown Suits (Scotland) Act 1857n or in Northern Ireland the
Attorney General for Northern Ireland” (Customs and Excise
Management Act 1979 s1(1)).
Lawson, Nigel Conservative politician (1932- ) who was Chancellor of the Exchequer
from 11 June 1983 to 26 October 1989 in the government of Margaret
Thatcher. His long tenure led to the Lawson Boom followed by a
recession in 1990. He abolished many minor taxes, replaced capital
transfer tax with inheritance tax and reduced the basic rate of income
tax.
Lawson Boom Economic boom of the late 1980s attributed to chancellor Nigel
Lawson. It saw unemployment reduce, the budget move into surplus
and the pound shadowing the deutschmark at £1 = 3DM. It was
followed by a recession in 1990.
lay justices’ allowances Amounts paid to magistrates for discharging their duties. The allowance
has three elements:
● travelling allowance;
● subsistence allowance; and
● financial loss allowance.
(Courts Act 2003 s15(1)).
lay rector Landowner who is liable to repair the chancel of a Church of England
building.
lay subsidies Important revenue-raising taxes of the 12th and 13th centuries, widely
used to fund crusades.
lb Pound weight.
LC Lord Chancellor.
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lead agent One member of a Professional Group who works on a local Working
Together Steering Group (WTSG) with HMRC to discuss tax issues.
lead case Case that is selected to establish a point of law when more than one
case has been started on that point. The other cases are stayed (or sisted
in Scotland) until the lead case is determined.
The rules permitting this are set out in The Tribunal Procedure
(First-tier Tribunal) (Tax Chamber) Rules SI 2009 No 273 rule 18.
lead manager Person who organises a syndicate to underwrite a new issue of shares.
lead time Time between placing an order and receiving the goods.
leaflet Document that may be zero-rated for VAT under Value Added Tax Act
1994 Sch 8 Group 3.
VAT notice 701/10 identifies these characters of a zero-rated
leaflet:
• no larger than A4 page size when folded
• intended for reading rather than display
• conveys information
• not part of a larger work
• supplied in at least 50 copies for distribution
• printed on limp paper
• either is intended to be thrown away after reading or
accompanies a product or service.
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leap year Year which has a 366th day of 29 February. A leap year is also known
as a bissextile.
This happens every fourth year, except for centuries (that are not
leap years), except for every 400th year (that is a leap year). This is set
out in Calendar (New Style) Act 1750 s2 with effect from 1752.
When a tax year ends in a leap year, week 53 has two days instead
of the usual one.
leas-Chéad Aire Irish Gaelic: deputy First Minister, of Northern Ireland Executive.
lease Contract where someone pays a sum to hire property or occupy land for
a defined period.
For assets, a lease is either an operating lease or a finance lease
[amend].
An operating lease is a simple hire, usually for a short period. The
asset is not included as a fixed asset on the lessee’s balance sheet, and
the lease payments are shown as expenses in the profit and loss account.
A finance lease [amend] is accounted as a means of acquiring a
fixed asset. The asset is included with fixed assets on the balance sheet
and depreciated in the normal way. The lease payments are treated as a
reduction in a long-term liability.
For land and buildings, a lease is always treated as a fixed asset.
lease for life A lease that is granted for the remainder of a person’s lifetime, after
which the lease or other property interest passes to another person.
Such leases are often created in wills where they create an interest
in possession trust. The inheritance tax consequences are set out in
Inheritance Tax Act 1984 ss49-50.
There was once a special provision for stamp duty for such leases.
leasehold Method of owning property to a predetermined date. Once that date has
been reached, the property reverts to the original owner.
leasehold land Land held under a lease. The land will eventually revert to the freehold
owner, although there has been some statutory modification of this right
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to repossession (e.g. in the Rent Acts). This is the most common way
for blocks of offices to be owned. The landlord maintains possession of
the common parts and creates separate leases for each office. The
ownership of each office may subsequently change as leases are
assigned.
leasing of ships Activity which excludes a company from the scope of EIS relief or
venture capital trusts. It is defined for this purpose in Income Tax Act
2007 s194 (EIS) and s305 (VCT).
.
leave (1) Finish a period of work at a particular place or for a particular
business.
(2) Period of authorised absence from work.
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ledger sheet Pre-printed form for use in a stationery system for recording details of a
ledger.
legacy cash Term used to denote values of domestic currency held by countries
when they changed to using the euro.
legacy duty One of the death duties. It was charged under Legacy Duty Act 1796
and was repealed by Finance Act 1949 s27 from 30 July 1949. The
equivalent tax is now inheritance tax.
legal activity Term used in Legal Services Act 2007 s12(2) to mean any legal activity
including giving advice and assistance, and providing representation.
legal costs Expenses incurred in asserting a legal right or defending a claim from
someone else.
Whether such expenses are tax-deductible can be marginal. A
leading case is Spoffotth & Prince v Golder [1945] 26TC310 which is
discussed in the Inspectors’ Manual at BIM37955.
legal entity A legal person; the body to whom the funds belong.
legal expenses Costs and other expenses from participating in a legal action.
legal expenses insurance Insurance against legal expenses either in bringing or defending a claim
whether or not the matter goes to court.
legal fiction Any assumption which the law knows not to be true but which it allows
to be accepted for convenience. An example is the rule of
commorientes.
legal form Representing a transaction to reflect its legal status, which might not be
the same as its economic form.
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Legal Hub On-line legal source provided by Sweet & Maxwell. It provides
directories of barristers, expert witness, in-house lawyers and similar
information.
legal notebook Notebook, usually bound and with perforated pages, for use by lawyers.
legal obligation Obligation that arises from a contract, legislation or other operation of
law (FRS 12).
legal person Entity recognised by law but which is not a natural person (a living
human being). A limited company is a legal person. It is sometimes
known by the Latin name “persona ficta”.
legal privilege The absolute right of confidentiality in advice from a lawyer to a client.
In relation to seizure of goods, the term is defined in Criminal
Justice and Police Act 2001 s65.
legal relations Requirement of a contract that the parties intended to be bound by the
law of contract.
Arrangements which appear to be domestic arrangements are
usually excluded as contracts.
legal scrub Colloquialism for the process of rewriting a document with a view to
removing anything that could prompt a legal action.
Legal Services Board Body corporate established under Legal Services Act 2007 s2 to
promote the regulation, education and training in law.
legal tender Notes and coins which comprise the legal currency of a country.
In England and Wales, legal tender comprises certain banknotes
issued by the Bank of England and coins issued by the Royal Mint.
There is no legal concept of legal tender in Scotland.
Banknotes which are legal tender comprise £5, £10, £20 and £50
notes which have yet to be demonetised.
Coins which are legal tender include both ordinary coinage and
special coins for collectors (or numismatists). The full list of coins
which are legal tender in England and Wales are:
● Britannia coins in gold and silver;
● sovereigns, half-sovereigns and £2 and £5 gold coins
minted since 1838;
● pound coins and two-pound coins;
● silver coins for 5p, 10p, 20p and 50p;
● copper coins for 1p and 2p;
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Leggatt Report Report published in 2001 by Sir Andrew Leggatt into the functioning of
tribunals. It led to provisions in Tribunals, Courts and Enforcement Act
2007 which sets up First Tier Tribunals and Upper Tier Tribunals.
legitim In Scots law, the rights a child has to a share of a parent’s estate,
regardless of what is in the will. The spouse has similar rights; the two
together are called legal rights.
If the estate is insufficient to meet claims for legitim because of
intended disposition to the spouse, the executors or judicial factor may
choose whether inheritance tax is charged on the basis that the spouse’s
disposition is fully paid or is reduced by any legitim not renounced.
legitimacy State of being born in wedlock. All legal bars of illegitimacy have now
been removed except that an illegitimate child cannot take an inherited
title. For all other purposes, there is no longer any distinction between
legitimate and illegitimate children.
An illegitimate child may inherit property under Family Law
Reform Act 1969.
Legitimacy Act 1976 s1 makes a child legitimate if the parents
subsequently marry.
For tax purposes, legitimate and illegitimate children are treated the
same.
leke Gold coin issued by Albania, that may be a gold investment coin for
VAT purposes.
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Lennartz accounting System of record keeping for VAT when assets are acquired for both
business and non-business use. This system may be used from 1
November 2007.
A VAT-registered business may not reclaim input tax for a
purchase unless it is to be used for a business. If an asset is to be used
for both a business and non-business purpose, the purposes must be
apportioned and input tax only claimed for the business element.
Under Lennartz accounting, the whole input tax may be claimed,
and the business may invoice itself for the non-business use.
leopard Gold coin worth 3 shillings minted in the reign of Edward III.
le roy le vault Normal French: the king wills it. Words of Royal Assent.
lessor accounting How someone who leases goods accounts for them.
Under SSAP 21, this is generally the mirror image of the lessee
accounting.
lessor company Company that leases equipment. There are specific provisions in
Corporation Tax Act 2010 Part 9 to stop their sale being used for tax
avoidance purposes.
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letter of engagement Letter sent by an auditor to a client outlining the rights and duties of the
parties in the audit.
letter of representation Letter required by auditors from the directors in which they provide
factual information.
letters of guarantee Letter from a seller providing safeguards to the buyer, except for
payment which is usually secured by a letter of credit.
Types of letter include:
● tender guarantee, that the seller will supply goods if
offered a contract in accordance with a tender;
● performance guarantee, that the goods or services will be
satisfactory;
● advance payment guarantee, that any advance payment
made by the buyer will be used properly or repaid.
Letters of guarantee may also deal with compliance matters, such as
ensuring compliance with local law and payment of taxes.
letting agency Business which deals with property which may be let.
level pension Pension which does not increase in amount to offset the effect of
inflation. The opposite is an index-linked pension.
A level pension slowly loses value because of inflation. This
process is known as withering on the vine.
level premium Payments which do not change during the lifetime of the agreement,
such as paying the same premium each month for an insurance policy.
level term insurance A type of life insurance policy for a fixed term where the cover remains
the same from the effective date until the expiration date.
leveraged buyout (LBO) Buyout of a business where all or most of the funding is borrowed.
levy ceiling Maximum amount of pension protection levy which may be charged
in a year (Pensions Act 2004 s178).
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levy free percentage Percentage of cereal as calculated in accordance with Customs notice
39 under the Whisky Export Relief Scheme.
lex fori Latin: the law of the forum. The term refers to the procedures and
formalities of the law according to the place.
lex non scripta Latin: the unwritten law. This is another term for common law.
lex rei situs Latin: the law of the situation of the thing.
lex scripta Latin: the written law. This is another term for statute law.
lex situs Latin: the law of the place. This means the law of the country which is
relevant for determining the matter.
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liabilities amount Total of a company’s liabilities as shown in its balance sheet. In relation
to distributions of a company being wound up, the term is defined in
Corporation Tax Act 2010 s166(4).
liability method Method of calculating deferred tax on the basis of the rates of tax
expected to apply when the timing difference reverses (SSAP 15).
liability order Notice issued by a magistrates’ court confirming that a person is liable
to pay council tax.
If the council can demonstrate that council tax is payable but has
not been paid, the court must issue a liability order. The only defences
are that the person is not liable, the council tax has been paid, or that the
council has not followed the proper procedure. A liability order may be
issued while a claim for council tax benefit is being considered.
Once the council has the liability order, it may enforce it by distress,
a council tax attachment of earnings order, deductions from income
support or bankruptcy.
liability order Order from a magistrates’ court confirming that unpaid rent is owed .
This allows the landlord to continue proceedings.
liar loan Colloquial term for a loan provided on a self-certified basis to a person
who may not tell the truth.
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liberty to apply Right which a judge may give to either party in a case allowing them to
return without needing to take out a new summons.
licence fees A business established to receive licence fees is an excluded activity for
venture capital trust purposes under Income Tax Act 2007 s306.
licence year “In relation to an excise licence issuable annually, means the period of
12 months ending on the date on which that licence expires in any year”
(Customs and Excise Management Act 1979 s1(1)).
licensable activities Activities which require a local authority licence under Licensing Act
2003 s1.
These are the sale of alcohol, regulated entertainment and late night
(11pm to 5am) sales of refreshments.
licensable body Term used in Legal Services Act 2007 s72 to describe a body which
may need a licence under that Act.
license (1) In English, the verb as in “you are licensed”. The noun is spelled
licence.
(2) In American English, the noun or verb.
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licensed premises Any premises that are licensed by the local authority under licensing
laws.
licensing committee Body established by a local authority to grant licences (Licensing Act
2003 s6).
licensing hours order Order issued under Licensing Act 2003 s172 which permits licensed
premises to remain open outside their licensed hours for the duration of
a celebration period.
Liechtenstein Small European state that is not part of the European Union, but is part
of the European Economic Area.
lien Right one person may have over the goods of another, particularly
under the common law.
A repairer has a lien which allows him to keep possession of the
goods until his repair bill is paid. An innkeeper has a lien over a
customer’s luggage until his bill is paid.
life annuity A contract that provides an income during the remaining lifetime of the
purchaser.
life assurance Life insurance which lasts to death and is therefore always payable.
Under Life Assurance Act 1774, a person may not insure the life of
another unless the insured is named in the policy and there is an
insurable interest in that person’s life. Any policy issued contrary to
these principles is void.
Life assurance policies were subject to stamp duty before 1 January
1990.
Life assurance premium relief may be available for income tax.
lifeboat Zero-rated under Value Added Tax Act 1994 Sch 8 Group 8.
Lifeboats have been Royal National Lifeboat Institution (RNLI) zero-
rated since VAT was introduced in 1973. The zero-rating has been
extended thus:
1 May 1990: non-RNLI lifeboats, and slipways for lifeboats
1 April 1992: spare parts for lifeboats
1 April 2002: life-saving equipment on lifeboats
1 April 2006: fuel for a charity-operated lifeboat.
life cycle costing Cost of a fixed asset viewed over its entire life, typically including
acquisition and disposal costs. This method may be used for purposes
of evaluation.
life cycle funds A form of fund of funds that aims to provide an extremely safe
investment for retirement funds.
life expectancy Number of years a person can expect to live, as determined by their age
and sex, from life expectancy tables.
life expectancy tables Tables indicating how long people are expected to live according to
their sex and current age. They are also known as actuarial tables or
mortality tables.
life imprisonment Criminal punishment of imprisonment for the rest of a person’s life.
This is the only sentence for murder. It is an option for a first offence
and sometimes mandatory for a second offence of arson, manslaughter,
rape and malicious wounding. Despite the name, a person may be
released on licence on the recommendation of the Parole Board after a
minimum sentence, typically of 12 years.
life insurance Insuring a person’s life. Strictly speaking, life insurance is when
someone dies and is therefore always payable eventually, whereas life
assurance is only payable if someone dies by a certain date and is
therefore not always payable. In practice, this distinction is not always
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life interest Benefit a person can enjoy for the rest of their life but which they
cannot pass on to anyone else. A life interest commonly arises when a
will allows a person to continue living in a house but on their death, the
property passes to someone else.
life interest trust (LIT) An interest in possession trust with one or more fixed interests in the
income. A beneficiary who has an interest during his lifetime is often
known as the life tenant.
The benefit of a life interest trust may be for a fixed period (eg ten
years), for the beneficiary’s lifetime, or may be defeasible, which
means that the trustees may divert the income to a new beneficiary.
What happens on the death of the life tenant or earlier termination
depends on what is in the trust deed. There are often successive life
interests, or the life tenants may benefit absolutely (such as when the
life tenant reaches the age of 25).
Under provisions of Finance Act 2006, LITs are taxed as
discretionary trusts unless they have transitional serial interests, are
for a disabled beneficiary or convey immediate post-death interests
under a will.
life membership For VAT, life membership of a club or association is treated on the
same basis as the annual subscription unless additional benefits are
provided that justify different treatment (VAT leaflet 701/5).
life peer Person who has a peerage for the duration of his or her life, but where
the peerage does not devolve on death, as for a hereditary peer. Life
peerages were created by Life Peerages Act 1958.
life policy Policy of life assurance. It is a form of property and may therefore be
assigned to another person, such as to a bank when used as a collateral
security for a mortgage.
For inheritance tax, a life policy taken out by a person on their own
life becomes part of their taxable estate. This can be avoided by
someone else taking out the policy (assuming they have sufficient
insurable interest), or holding the policy in a trust.
lifestyle break Form of sabbatical where an employee is allowed extended leave to try
a different lifestyle, such as working overseas or doing different work.
Employers may be prepared to allow unpaid leave for this, guaranteeing
the person’s old job on return. The advantage for employer and
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life tenant Person who has a right for their life, after which the interest passes to
someone else.
In an interest in possession trust, the life tenant has the interest in
possession. On the death of the life tenant, the property of the trust
passes to a remainderman.
lifetime allowance charge Tax charge on an individual’s pension rights which exceed the lifetime
allowance for pensions.
On 6 April 2006, the regime for tax relief on pensions was radically
changed. One of these changes was the introduction of a lifetime limit
of contributions to pension funds, initially set at £1.5 million but
subsequently increased. Any contributions above this allowance do not
qualify for income tax relief unless there is lifetime allowance
protection.
lifetime annuity Annuity contract purchased under a money purchase arrangement from
an insurance company of the member's choosing that provides the
member with an income for life, and which meets the conditions
imposed through paragraph 3, Schedule 28 to the Finance Act 2004.
lifetime gift A gift made during the lifetime of the donor, particularly of cash with a
view to avoiding inheritance tax.
Provided the donor lives for seven years after making the gift, it
avoids any liability for inheritance tax.
If the donor dies within seven years, the gift is added to the donor’s
estate for the purpose of calculating inheritance tax unless the gift falls
within the scope of another tax exemption.
If the donor lived for at least three years after making the donation,
the amount of inheritance tax is reduced.
In some circumstances, a lifetime gift is subject to tax at the
lifetime rate of 20%. If the transferor agrees to pay the tax, it must be
grossed up. This gives a sum equal to 25% of the gift. So a chargeable
lifetime transfer of £10,000 is subject to 25% tax of £2,500. This means
that 20% tax has been paid on the total of the gift and tax of £12,500.
lifetime limit Maximum amount a person may have paid into a pension plan for it to
qualify for full tax relief.
lifetime mortgage Form of regulated mortgage contract whose main terms are:
• the mortgagor is above a specified age,
• the loan is not repaid while the mortgagor is alive and
occupying the property.
lifetime rate Rate of inheritance tax that is payable for transfers made during the
transferor’s lifetime, such as to certain types of trust.
The rate is set out in Inheritance Tax Act 1984 s7(2) as being half
the death rate. As this has been 40% since the tax was introduced in
1986, the lifetime rate has been 20% for the same period. If the
transferor dies within seven years, the other 20% is payable (subject to
any other reliefs) so that the total transfer is taxed at the death rate of
40%.
lifetime exemptions Term used in inheritance tax for those payments that are not regarded as
lifetime transfers.
They include the annual exemption, small gifts exemption,
normal expenditure out of income, wedding presents, gifts to spouse
or civil partner, and gifts to charities and political parties.
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lifetime transfer For inheritance tax purposes, the same as a lifetime gift.
light crude oil Naturally occurring oil before processing which contains a high
concentration (up to 97%) of the more valuable hydrocarbons.
light motorcycle Motorcycle with an engine capacity of up to 125cc and a power output
not exceeding 11kW.
Such a vehicle may be driven from the age of 17. It is category A1
on a driving licence.
light oil Oil of which at least 90% of which distils at a temperature of 210C and
which gives off an inflammable vapour at 23C. Petrol is the commonest
light oil.
This is subject to hydrocarbon oil duty and VAT.
light pen Computer input device where a light is shone at a computer screen to
select items from a menu.
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light touch Period when regulations are enforced gently and where penalties are
either not imposed or easily mitigated.
New tax provisions are often introduced with a light touch period,
often of six months. Examples include reverse accounting for VAT,
and the Construction Industry Scheme.
LIH Left lingual hernia. Common abbreviation for sick notes (HMRC leaflet
E14).
limitation period Period of limitation in which a legal action must be brought, failing
which the right to bring the action expires.
limited administration Administration of the estate of a deceased person for limited purposes
specified by the court in the letters of administration. A common
example is the grant of administration when the executor is a child.
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limited company A company where the liability of its members is limited (Companies
Act 2006 s3(1)).
A company may be limited by shares or limited by guarantee.
limited interest Interest to income arising from a beneficiary’s entitlement to the estate
of a deceased person, where it is not an absolute interest.
limited liability A phrase used to indicate that those having liability in respect of some
amount due may be able to invoke some agreed limit on that liability.
limited liability company Company where the liability of the owners is limited to the amount of
capital they have agreed to contribute. It is the same as a limited
company.
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limited owner Tenant for life who does not have a fee simple (Settled Land Act 1025
s20).
limited partnership Partnership where not all members have unlimited liability. There are
now two different types.
The term “limited partnership” usually refers to a body established
under Limited Partnerships Act 1907. This is an ordinary partnership
where there must be at least one partner with unlimited liability. These
are rare in practice.
There is the separate limited liability partnership (LLP) where the
liability of all members is limited.
limited period annuity An annuity which does not last to the death of the annuitant but for a
fixed period, typically five years.
Limited period annuities have been possible for private pensions
since 6 April 2006. At the end of the period, the pensioner takes out
another annuity (which may be another limited period annuity) on the
basis of the size of the pension fund at that time.
limited prize machine Gaming machine which provides no opportunity to win a prize other
than having a refund of the sum paid (Gambling Act 2005 s249).
limited use area In the context of commonhold property, those common parts which
not all unit-holders may use (Commonhold and Leasehold Reform Act
2002 s25(2)). The commonhold community statement must record
details of any limited use area.
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limiting factor The factor which imposes a restriction; a constraint. Examples include
workforce, machine time, storage and legal restrictions.
limit order Order to buy or sell a share or other financial instrument at a specified
limit price or better, and in a specified quantity.
limit price The price in a limit order. A buy order must be executed at the limit
price or lower; a sell order must be executed at the limit price or higher.
Lincoln’s Inn One of the Inns of Court. It is situated between Carey Street and
Holborn, and has existed at least since 1422. Traditionally, barristers
based in Lincoln’s Inn practise in the Chancery Division of the High
Court.
lineal descendant Direct descendant, such as a son or grand-daughter, but not a son-in-
law.
linked PIW For statutory sick pay, when a period of incapacity for work (PIW) is
regarded as one period. This happens when a person goes sick within
eight weeks of returning to work after a previous PIW.
linked presentation When two transactions are shown together in the financial statements.
FRS 5 para 26-28 requires two transactions to be part of a linked
presentation when an asset is acquired subject to ring-fenced financing.
linked transaction When one transaction is made on the back of another, such as an
extended warranty on the sale of goods.
linking letter Letter provided by Jobcentre Plus or its equivalent to people who have
recently received certain benefits. This may affect the maximum linked
PIW for which statutory sick pay may be payable.
link papers In tax, “those papers which show how the figures in the return are
derived from the figures in the prime records, are held by the agents,
but are available to the taxpayer” (Inland Revenue Tax Bulletin of 2
August 1997).
linseed oil For VAT, this is standard-rated as it does not come within the scope of
food (VAT notice 701/14).
liquid In finance, the ease with which something may be converted to cash.
Cash is therefore the most liquid asset of all.
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liquid assets Current assets which can easily be turned into cash.
These are cash, debts and any investments which can be turned into
cash within one month. Stock is specifically excluded.
liquidated damages Ascertained amount of damages, particularly when such a figure is put
into a contract to avoid the necessity of proving and calculating a loss.
liquidated demand Demand for a fixed sum of money, such as £1,000. It is distinguished
from an unliquidated demand, where the amount is to be determined by
the court.
liquidity Ease with which an asset may be turned into cash. Cash is the most
liquid asset; fixed assets the least liquid.
“Liquidity refers to the ease with which something can be converted
to cash with little or no loss of value” (HM Treasury glossary).
liquidity ratio Liquid assets divided by current liabilities, where liquid assets are
current assets minus stock. This ratio is sometimes called the acid test.
A ratio below 1 could suggest financial problems, though this
depends on the nature of the business. A cash positive business such as
a supermarket can safely trade with a low ratio.
Conversely a business with a liquidity ratio much above 1 could
indicate a business with excess cash.
liquid natural gas (LNG) Natural gas that is superchilled to 1/600 of its normal size, making it
economical to transport.
liquid resources Current asset investments that are held because they are readily
disposable.
lis alibi pendens Latin: a suit pending elsewhere. This comprises grounds for staying a
legal action.
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lis pendens Latin: pending suit. The term particularly applies to disputes about land.
Lisbon Strategy Economic policy adopted by the European Union in 2000 for the period
up to 2010. It aimed to make the EU “the most dynamic and
competitive knowledge-based economy in the world capable of
sustainable economic growth with more and better jobs and greater
social cohesion, and respect for the environment by 2010”. The
Strategy was revived in 2003 by the Sapir Report. The Strategy was
reviewed by the European Parliament in 2005.
listed building consent A form of planning permission which allows work to be done to a
protected building (or listed building).
Such work may qualify for VAT zero-rating under Group
listed company A company whose shares are listed by the Stock Exchange as being
available for buying and selling under the rules and safeguards of the
Exchange.
listed security Share, debenture, warrant or other form of security which may be
bought and sold on an exchange.
Listing Agreement Document which a company signs outlining the conditions it must
follow to be listed on the New York Stock Exchange.
listing condition One of the conditions which must be met for shares to be eligible for
venture capital trust tax relief under Income Tax Act 2007 s274.
The condition is that the shares must be the ordinary shares of the
company.
listing paper Paper used to print lists from a computer printer. The paper comes in
packs of continuous pages with serrations for each page. Typically the
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paper also has sprocket holes down each side allowing the paper to be
fed through the machine. These sprocket holes are often also on a
narrow perforated strip allowing them to be removed.
listing requirements Rules imposed by the Stock Exchange on companies whose shares are
listed for buying and selling.
Listing Rules Issued by the UK Listing Authority of the Financial Services Authority
to regulate companies listed on the UK Stock Exchange. Includes rules
on accounting information in annual reports.
list of trade unions Register of trade unions kept by the Certification Officer under Trade
Union and Labour Relations (Consolidation) Act 1992 s2.
list price Tax term used to calculate the taxable benefit of a company car.
An employee provided with a company car for personal use must
pay income tax on the notional benefit of the car. This is based on a
percentage of its list price.
The list price is defined as the price at which the car is sold in the
UK singly in a retail sale in the open market on the day immediately
before the car’s first registration. (Income Tax (Earnings and Pensions)
Act 2003 s123(1)).
lists In law, lists of cases awaiting trial. In practice, courts maintain several
lists according to the nature of the case.
literal rule One of the methods for interpreting an Act of Parliament. (The other
main methods are the golden rule and mischief rule.)
The literal rule was summarised in Sussex Peerage Case [1844] as
meaning that words are to be given their ordinary meaning if precise
and unambiguous. This usually means that their meaning is taken from
an authoritative dictionary.
In tax cases, any disputed term that is not specifically defined
follows the dictionary definition.
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livery For VAT, livery services are generally standard-rated, though stabling
may be exempt. VAT notice 701/15 gives details.
livestock “Cattle, horses, asses, mules, hinnies, sheep, pigs, goats and poultry,
and also deer not in the wild state and, .... while in captivity pheasants,
partridges and grouse” (Animals Act 1971 s11).
Another definition is given in Dogs (Protection of Livestock) Act
1953 s3.
Agriculture Act 1967 restricts livestock to cattle, sheep and pigs,
whereas Agriculture Act 1947 s109 includes any animal kept for the
production of food, wool, skins or furs, or for farming the land.
living Term for the right of a vicar, rector or other person to receive a stipend
in a parish in the Church of England.
living apart In law, a condition for establishing desertion or separation for divorce.
The provision was introduced in 1973 and abolished in 1996.
living memory Within the memory of people who are still alive. The term is sometimes
used in legal proceedings. The term should be distinguished from legal
memory and time immemorial.
living over the shop Living in accommodation acquired to be near a workplace in addition to
one’s main residence. The term is used in the Inspectors’ Manual at
BIM37928 where the matter is discussed. Generally, such expenditure
is not tax deductible however commercially justified. A leading case is
Mason v Tyson [1980] 53TC333.
living together Co-habiting. This can affect certain entitlement to social security
payments.
Even for a married couple, living together can be a further
requirement, such as in Taxation of Chargeable Gains Act 1992 s282.
living wage Wage which is sufficient to support a person and, usually, his family.
living with you Term used in social security legislation to determine eligibility to claim
certain benefits.
For child benefit, the child or young person must “live in the same
house or other residence as [you] and also be carrying on there with
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[you] a settled course of daily living” (R(F) 2/81). The child must not
have been away for more than 56 days in any 16-week period.
LJNCCR Law Journal Newspaper County Court Reports, published from 1934 to
1947.
LJ(OS) Law Journal (Old Series), law reports published from 1822 to 1831.
LL Lower limit.
LLA Long-life assets. These are placed in the special rate pool and subject
to capital allowances at the rate of 10% as against the usual 20% for
plant and machinery.
Lloyd George, David English politician (1863-1945) who was Chancellor of the Exchequer
from 12 April 1908 to 25 May 1915 under the Liberal government of H
H Asquith.
He introduced the controversial People’s Budget of 1909 that
triggered a constitutional crisis and led to the House of Lords losing its
power of veto. Lloyd George sharply increased taxes on spending and
incomes, and introduced national insurance.
He was prime minister from 7 December 1916 to 22 October 1922.
Lloyd, Selwyn English Conservative politician (1904-1978) who was Chancellor of the
Exchequer from 27 July 1960 to 13 July 1962 in the government of
Harold Macmillan. He was sacked after struggling with the country’s
economic problems. He subsequently became Speaker of the House of
Commons.
Lloyd’s The London-based insurance market, best known for marine and
aviation cover. The name is taken from Edward Lloyd who owned the
coffee shop in Tavern Street from where the market began in 1689. It
was incorporated by an Act of Parliament of 1871.
Insurance is arranged by syndicates of private underwriters,
commonly known as Names, each of which is managed by a
professional underwriter. Each Name has unlimited liability in
meeting claims. Since 1992, limited companies may also join.
Note that the apostrophe is only used for the insurance market. The
bank with the same name has no apostrophe.
Lloyds Bank v Bundy Court case of 1974 which held that a bank could not rely on a guarantee
on a person’s property where there was improper pressure and
inequality of bargaining power. This case led to a series of similar
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Lloyds Banking Group One of the Big Four UK banks. The name was adopted on 19 January
2009 from the merger of Lloyds TSB and HBOS. Soon afterwards the
bank had to accept significant government help to remain solvent.
The former is itself a merger of Lloyds Bank and TSB (Trustee
Savings Bank) in 1995.
Lloyds Bank was formed in 1765 in Birmingham.
The Bank has taken over banks and other financial institutions, such
as Scottish Widows and Cheltenham and Gloucester Building Society.
Its trade mark is a black horse.
loading In business, the extent to which an individual is charged more than the
"standard" or "average" rate for a product or (more usually) a service.
An example is an additional insurance premium for a high risk
customer.
loading list A commercial document which may be used when more than one item
is being shipped.
It may be used instead of continuation sheets to supplement Single
Administrative Document (SAD) Community Transit (CT) documents.
loading pass Document for the purpose of obtaining authority to load Local Export
Control (LEC) goods boarding a ship or aircraft, after they have been
removed from the trader’s approved premises.
Load List A list of goods intended for export also providing their destination.
loan capital Funding for a business which has been acquired by borrowing.
loan covenants Agreement made by the company with a lender of long-term finance,
protecting the loan by imposing conditions on the company, usually to
restrict further borrowing.
loan creditor “In relation to a company, means a creditor in respect of any debt of the
incurred by the company:
(a) for any money borrowed or capital assets acquired by the
company; or
(b) for any right to receive income created in favour of the
company; or
(c) for consideration the value of which to the company was (at the
time when the debt was incurred) substantially less than the amount of
the debt (including any premium thereon);
or in respect of any redeemable loan capital issued by the company.”
(Income and Corporation Taxes Act 1988 s417(7).
loan relationship Term used for what is now Part 5 of Corporation Tax Act 2009. This
broadly allows a company to claim tax relief only for those loans that
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loan shark Someone who lends money at high rates and uses unlawful means to
enforce repayment.
loan society Body established to lend money to the “industrious classes” under Loan
Societies Act 1840. Such bodies were similar to friendly societies, and
were similarly registered.
The last such society was removed from the register on 3 April
1996, so the Act was repealed on 19 November 1998.
loan stock Loan finance traded on a stock exchange, a form of debt instrument.
loan to value (LTV) Amount of the mortgage expressed as a percentage of the value of the
property, or the price you are paying for the property. So a £60,000
mortgage on a £80,000 property would mean a LTV of 75%.
local Description of something which applies just to the country or other area
in which it is operating. So the term “local currency” means the
currency where that branch or business is operating.
local charity “A charity established for purposes which are by their nature or by the
trusts of the charity directed wholly or mainly to the benefit of that area
or of part of it” (Charities Act 1960 s45(1)). This definition was
introduced from 1 August 1993.
local clearance For Customs purposes, entry of imported goods into commercial
records at designated premises away from the frontier.
local currency Currency of the area where a business or branch is operating, as against
the currency in which the business prepares its accounts.
Local Dental Committee Body which may be formed to represent the interests of dentists in an
area. Such a body may be recognised by an NHS Primary Care Trust
under National Health Service Act 2006 s113.
Local Employment Act Act of Parliament of 1970, now largely repealed, which allowed
Parliament to make grants to local councils to employ people to clear
derelict land.
local government Elected authorities which have certain powers and duties within a
defined area, such as a city or borough.
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local holding company Term used in Income and Corporation Taxes Act 1988 Sch 25 in
relation to controlled foreign companies.
local labour Workforce recruited by a branch or similar from people in that area.
local reinsurance contract In the context of controlled foreign companies, means “a reinsurance
contract —
(a) which is made in the territory in which the controlled foreign
company is resident; and
(b) the parties to which are resident in that territory”.
(Income and Corporation Taxes Act 1988 Sch 25 para 11(8)).
location of assets Inheritance tax rules that determine whether assets are regarded as
being in the UK. A non-domiciled taxpayer is not liable to inheritance
tax on assets outside the UK. The rules are given in Inheritance Tax Act
1984 s275.
location of errors In bookkeeping, various methods have been developed to find an error
when the books do not balance or do not crosscast.
The method starts by identifying the difference between the two
totals. If the difference is divisible by 9, this indicates that two numbers
were reversed in one addition, such as 56 being added as 65.
By taking 10/9 of the difference, it is possible to establish the
position of the wrong number and its difference with the other number.
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In this example, the difference is 9, of which 10/9 is 10. This means that
the difference is in a multiple of £10 where a number in that column
differs from the unit by 1.
If the difference is of a specific amount, such as £43.29, this often
indicates that a sum of that amount was omitted from one of the
additions.
Lochgelly principle Principle that a member of a trade protection organisation may claim
part of the subscription as tax-deductible expenditure.
The name comes from the case Lochgelly Iron & Coal Company
Ltd v Crawford [1913] 6TC267 and is discussed in the Inspectors’
Manual at BIM24805.
lock (1) Device to hold a door, lid or similar secure unless a key is used.
(2) In banking, when a person is barred from using a credit card, debit
card or similar from entering too many wrong PIN numbers. If the card
is not confiscated, the holder who remembers the PIN can usually
unlock it by following a procedure at an ATM machine.
lock-out (1) In contract law, an agreement that one party will not seek to make a
contract with anyone else. It is sometimes used in property sales that are
subject to contract.
(2) In employment law, when the employer refuses to let the employees
work. It is the converse of a strike.
locus standi Latin: the place of standing. This is the right to be heard in court.
Loi Monory French tax relief from 1978 to 1989, on which UK personal equity
plans were based.
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The term is French for Monory’s law, after the French finance
minister René Monory (1923-2009). It allowed purchasers of French
shares to deduct a limited amount of annual investment from their
taxable incomes.
Ironically, Loi Monory was replaced by Plan d’Epargne Populaire
modelled on the UK personal equity plan.
London Olympics “The Games of the Thirtieth Olympiad that are to take place in 2012”
and the Paralympic Games of the same year (London Olympic Games
and Paralympic Games Act 2006 s1(1)(a)).
London Olympics period Period from four weeks before the start of the London Olympics of
2012 to five days after the closing ceremony (London Olympic Games
and Paralympic Games Act 2006 s1(3)(c)).
lone parent conditionality Term used in June 2010 Budget Red Book para 1.101 for the policy of
moving lone parents, where the youngest child is 5 or more, from
income support to jobseeker's allowance.
long bond Bond which will mature in ten or more years’ time.
long credit Terms of business that allow the customer a long time to pay.
long dated bill Bill which is payable in more than three months’ time.
long dated stocks Government stocks which mature in 15 or more years’ time.
Long Friday Old name for Good Friday, in allusion to the long fast on that day.
long funding lease Term used from April 2006 to describe a lease which lasts for at least
seven years, or which lasts for at least five years and meets some other
conditions. Such leases were previously generally known as finance
leases. It is a funding lease which is not a short lease.
In a long funding lease, the lessee may claim a capital allowance
for plant and machinery.
long term care insurance A health-insurance variation designed to cover the costs of long term
care at home or in a nursing home.
long-term incentive plan Any scheme that provides a long-term incentive to employees, such as
through restricted stock units. The provisions of such plans can give
rise to an income tax charge for employment income.
long-term effect For the purposes of disability discrimination, this describes a disability
which has lasted for 12 months or is expected to last for 12 months
(Disability Discrimination Act 1995 Sch 1 para 2).
long-term finance Money lent to a business for a fixed period, giving that business a
commitment to pay interest for the period specified and to repay the
loan at the end of the period
long-term insurance fund In relation to taxation of insurance companies, means “the fund
maintained by an insurance company in respect of its long-term
business” (Income and Corporation Taxes Act 1988 s431(2)).
long-term investment An investment which will take more than one year to turn into cash.
Such an investment is excluded from the scope of current assets.
long-term liability A liability which is due in more than a year’s time. Such a liability
must not be included in current liabilities.
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long ton Term used for the ton in the UK equal to 2,240 pounds as against the
short ton in the USA equal to 2,000 pounds.
Lords of the Treasury Term used since the 17th century for the people who run HM Treasury.
There are usually seven. The first Lord of the Treasury is the prime
minister, and the second is Chancellor of the Exchequer. The other
five are usually Treasury ministers.
lorry driver There are some special tax provisions that allow for the cost of evening
meal and breakfast, as explained in the Inspectors’ Manual at
BIM37670.
loss adjuster Independent third party who may be used by an insurance company to
assess the value of a claim, particularly if there is a disagreement
between the insurer and the insured.
loss assessor Person employed by a claimant to value a loss and present the insurance
company with a supporting case for this valuation. Loss assessors are
most often encountered in respect of claims under home contents or
buildings insurance.
loss leader Product which a retailer sells at a loss with a view to attracting
customers into the store to buy other products.
loss-making year Year in which a trade makes a loss (Income Tax Act 2007 s64,
s120(1)).
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loss of faculty Damage or impairment of part of the body or mind caused by the
industrial accident or disease.
Someone who suffers such a loss of faculty may be eligible to claim
industrial injuries benefit.
loss of profits policy Insurance policy which pays for losses sustained when a business is
prevented from continuing from an insurable risk.
Such a policy is typically added to other policies. For example,
insurance for premises may cover the cost of rebuilding plus the loss of
profits and customer claims which may result from not being able to
trade until the factory is rebuilt.
Such policies are also known as consequential loss policy or
business interruption policy.
loss on sale of land If land is sold within four years of death for less than its probate value,
a claim may be made on form IHT38 for the sale proceeds to be
substituted for probate value.
loss on sale of shares If shares or other quoted securities are sold within 12 months of death
for a sum less than the probate value, a claim may be made on form
IHT35 for the sale proceeds to be substituted for probate value.
The claim must be in respect of the totality of all shares and
securities in the estate; a claim cannot be made just for those shares and
securities that lost value.
loss relief Means by which a taxpayer may offset a loss against a taxable profit.
For a company, the four most common forms of loss relief are:
• sideways relief: offset loss against other income in the
current accounting period (Corporation Tax Act 2010 s37)
• carry back: offset loss against profit in the previous 12
months (Corporation Tax Act 2010 s37)
• carry forward: offset loss against profits of the same trade
in any future period (Corporation Tax Act 2010 s45)
• group relief: offset loss against profits earned by a company
in the same group (Corporation Tax Act 2010 Part 5). There is a similar
consortium relief.
In a final year, it is also possible to claim terminal relief by
offsetting a loss against profits of the previous three years.
For accounting periods ending between 24 November 2008 and 23
November 2010, there was a separate limited right to offset a loss
against profits of the previous three years.
All of these forms of loss relief are subject to legal conditions.
loss to the estate The method of valuing gifts for inheritance tax purposes.
This method is most likely to lead to a different figure from the
value to the recipient where shareholdings or sets of objects are split.
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lost sacrifice Benefit that an employer may receive under a salary sacrifice scheme.
Under such a scheme, the employee sacrifices part of his or her
salary in return for a tax-free or tax-advantaged benefit in kind.
Sometimes the value provided to the employee is less than the salary
sacrificed. This difference is the lost sacrifice.
lottery distribution of prizes between those who payers on a basis which does
not require any skill by the payers. A lottery may need a licence.
lottery Form of gambling where participants pay a sum in return for a number
of similar identification, and the prizes are awarded by lot. In law, a
lottery s is either a simple lottery or complex lottery (Gambling Act
2005 s14).
lottery operating licence Licence issued by Gambling Commission to someone who promotes a
lottery (Gambling Act 2005 s65(2)(j)).
low carbon project Project which produces low amounts of carbon dioxide compared with
the project it is intended to replace.
low cost endowment A savings plan which includes decreasing term insurance. It pays out at
the end of the term, and also if the policy holder dies during the term.
Such an endowment is usually used to pay off an interest only
mortgage.
Lowe, Robert English politician (1811-1892) who was Chancellor of the Exchequer
from 9 December 1868 to 11 August 1873.
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lower-paid employments Employments where the wages (or equivalent) plus the value of
benefits does not exceed £8,500 and where the the employee is not a
director. Certain benefits in kind are taxed more leniently for such
employees (Income Tax (Earnings and Pensions) Act 2003 s217).
For such an employee, any taxable benefits are reported on form
P9D and not on form P11D.
low emission car Car which carbon dioxide emissions below 75gm/km. For the period
2010/11 to 2014/15, an employee provided with such a car was subject
to tax on 5% of its list price (8% for diesel) instead of the higher rates
that otherwise applied. No such car was available in 2010.
Low Emission Zone Area, approximately corresponding to the Greater London area, where
large vehicles must either meet strict standards for vehicle exhausts or
pay a daily charge. The M25 is excluded.
The scheme started on 4 February 2008 for lorries, caravans and
horseboxes which weigh more than 12 tonnes. If they do not meet the
emission standard, they must pay £200 for each day they travel in the
zone. The charge is levied on every day of the year at all times of day.
It is additional to any congestion charge.
On 7 July 2008, this extended to similar vehicles which weigh
between 3½ and 12 tonnes, and to buses and coaches weighing more
than 5 tonnes.
On 4 October 2010, a £100 daily charge is payable for vans and
horseboxes between 1.205 tonnes (unladen) and 3.5 tonnes, motor
caravans between 2.5 and 3.5 tonnes, and all minibuses.
From 3 January 2012, vehicles must meet the Euro IV standard for
particulate matter, as against the less strict Euro III standard.
The scheme is monitored by cameras at entrance points which can
recognise registration numbers.
At its introduction, the cost of converting an old vehicle to meet the
standard was estimated to be between £3,000 and £10,000. The
conversion could therefore cost-justified if the vehicle is to make a
minimum of 150 to 500 journeys in the zone.
lower earnings limit For national insurance, the amount of earnings which start to count as a
class 1 contribution to the national insurance record, though an
employee and employer do not pay any national insurance until a higher
earnings threshold is reached.
This is the figure for a category A state retirement pension
rounded down to the nearest whole pound per week (Social Security
Contributions and Benefits Act 1992 s5(2)).
lower limit This term is sometimes used to mean the limit at which a company no
longer pays the small profits rate of corporation tax. Details are in
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Corporation Tax Act 2010 s24. The limit was introduced at £25,000 in
1973, and has been £300,000 since 1994.
lower personal allowance Allowance against income tax which could be claimed by all taxpayers
other than married men. A single parent could claim lower personal
allowance plus an additional personal allowance, which provided the
same tax relief as the higher personal allowance.
The lower personal allowance was replaced by the personal
allowance from 6 April 1990.
lower rate Rate below a basic rate, particularly for income tax.
Between the tax years 1992/93 to 1998/99, there was a lower rate of
income tax of 20% on the first slice of taxable income. Between
1978/79 and 1978/80 there was a lower rate of 25% on the first £750 of
taxable income.
lower rate tax Term used for any tax which is lower than a main rate, such as the
small profits rate for corporation tax.
low gearing When the amount of borrowed capital is small relative to the amount of
equity capital.
Low gearing means that the return enjoyed by holders of equity
capital is less affected by the amount of net profit, unlike a high geared
business.
low income exemption Relief for income tax given by Republic of Ireland.
low risk body Organisation defined by Legal Services Act 2007 s108 and which is
relieved from some provisions of the Act.
low risk loan Such a loan to be paid off by future earnings is one of the hallmarks of
a tax planning scheme of which taxpayers are advised to be wary.
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low user fee Charge made to someone who makes little use of a service, particularly
by a bank or credit card company.
low value invoice Invoice for a low amount where some of the VAT requirements are
relaxed. The upper limit has been £250 since 1 January 2004.
low wines “Weak spirits obtained from the distillation of wash” (Customs notice
39).
loyalty bonus Addition provided by finance companies to customers who stay with
them.
They are most commonly encountered in pensions and investments.
For pensions, a loyalty bonus must be considered when looking at the
open market option.
LPG Liquid Petroleum Gas, a road fuel alternative to petrol and diesel.
LPG is the generic name for commercial propane and commercial
butane. They have the special property of becoming liquid at
atmospheric temperature if moderately compressed, and reverting to
gases when the pressure is sufficiently reduced.
LS Locus sigilli.
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lump sum An amount provided as a single payment rather than as regular income.
lump sum death benefit Lump sum benefit paid by a pension scheme on the death of a member.
Such a benefit may be paid before the member has crystallised any
benefits or, in limited circumstances, after such benefits have
crystallised. In the latter case, the benefit is treated as a drawdown
lump sum death benefit and is taxed.
lunch break Period of about 45 minutes to an hour in the middle of the day to allow
workers to have lunch.
luncheon voucher Document provided to workers by the employer and which may be
exchanged in local eating establishments for food.
luxury goods Term used for VAT between 18 November 1974 and 1976. Items that
fell within this description paid a higher rate of VAT of 25%, reduced
to 12.5% from 12 April 1976, until subsumed into the standard rate of
(then) 15%.
Lynn v Bamber Court case of 1930 which established that a person could sue outside
the limitation period where there was fraudulent misrepresentation.
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Lysaght Court case of 1928 that established rules that are still followed in
establishing ordinary residence. The full citation is CIR v Lysaght
[1928] HL. 13TC511.
M
M (1) Roman numeral for 1000.
(2) Macpherson. Series of Scottish law reports.
Maastricht treaty European treaty. In December 1991 the leaders of the 12 EC countries
met at Maastricht in the Netherlands to negotiate a treaty on the
European Union. The treaty was finally signed in February 1992. The
treaty moved significantly towards economic, political and social union
and set out the detailed timetable for economic and monetary union
(EMU). It also set out the convergence criteria for economies who
wanted to join in EMU.
Macfarlane Trust Trust established to provide ex gratia help to people who have been
infected with HIV through contaminated blood or blood products used
in the NHS. These payments are now made by MFET Ltd.
Such payments are disregarded when determining entitlement to
means-tested social security benefits. They are also exempt from
income tax.
Macmillan, Harold English Conservative politician (1894-1986) who was Chancellor of the
Exchequer from 20 December 1955 to 13 January 1957 in the
government of Sir Anthony Eden. He cut bread and milk subsidies, and
introduced premium bonds.
He was prime minister from 10 January 1957 to 18 October 1963.
Macq Macqueen’s Reports, Scottish law reports of House of Lords from 1851
to 1865.
macro-economics Study of economics on a large scale, such as for an entire country or for
the whole world.
“The study of overall economic headlines e.g. inflation, trade,
output and the level of employment” (HM Treasury glossary).
macroeconomic stability Requirement for the world’s financial systems to function properly. The
term was extensively used in the 2008/09 financial crisis.
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made-wine Term which is no longer used, but which has been used in two different
contexts for alcoholic liquor duty.
Before 15 March 1988, made-wine meant any drink made from
fermenting a fruit other than grapes, apples or pears.
Between 1 January 1997 and 26 April 2002, the term was used for
any drink made from mixing spirits with non-alcoholic drinks
(commonly known as mixers). Examples of these made-wines include
alco-pops and ready mixed gin and tonic.
made-wine “Means... any liquor which is of a strength exceeding 1.2% and which
is obtained from the alcoholic fermentation of any substance or by
mixing a liquor so obtained with any other liquor or substance but does
not include wine, beer, black beer, spirits or cider” (Alcoholic Liquor
Duties Act 1979 s1(5)).
maiden name Name by which a woman was known before she was married.
There is no law which requires a woman to adopt her husband’s
surname and many women choose not to.
Where the convention is followed, UK and US practices differ. If
Mary Ann Smith marries Harry Jones, she would be Mary Ann Jones
under the UK convention, but Mary Jones Smith under the US
convention.
However, it is stressed that these are merely conventions, and the
woman is entitled to use whatever name she wishes.
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main market The stock exchange operated by London Stock Exchange for
companies will comply with its strict admittance rules, as opposed to
the Alternative Investment Market.
main objects rule In company law, the main purpose for which a company was formed, as
set out in the memorandum of association. Other objects are regarded
as subsidiary.
If the main object no longer exists, the company may be wound up.
Modern practice avoids this either by making all objects independent,
or by registering the company as a general trading company.
main phase Period for which employment support allowance is paid after the
assessment period, usually of 13 weeks.
During the main phase, the basic allowance may be supplemented
by either the support component or work-related activity
component.
main primary percentage The rate of class 1 national insurance paid by employees on their
earnings between the earnings threshold and upper earnings limit.
The equivalent paid by the employer is known as the main secondary
percentage.
The terms are contained in National Insurance Contributions Act
2002. They were required to allow for the additional 1% class 1
national insurance introduced on earnings above the upper earnings
limit, which are known as the additional primary percentage and
additional secondary percentage.
main purpose rule In law, principle in interpreting an exclusion clause in a contract. This
principle is that a clause must not be interpreted to defeat the main
purpose of the contract.
In Glynn v Margetson [1893], Lord Halsbury said, “looking at the
whole of this instrument, and seeing what one must regard... as its main
purpose, one must reject words, indeed whole provisions, if they are
inconsistent with what one assumes to be the main purpose of the
contract”.
main register In company law, the main register of members as against an overseas
branch register (Companies Act 2006 s131(1)).
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maintenance order Notice which a Scottish local authority may serve on the owner of a
house in a housing renewal area requiring the property to be
maintained to a reasonable standard (Housing (Scotland) Act 2006 s42).
major audit Audit which is either of a listed company or where “there is a major
public interest” (Companies Act 2006 s525(2)). A major public interest
is determined by guidance from the Secretary of State.
major interest in land This means either a freehold interest or a lease on which there is at least
21 years to run.
Such a supply may be zero-rated for VAT under Group 5.
Majority Report This specifically refers to a report of 1909 into the working of the poor
laws. It recommended that poverty originates in immorality, the poor
laws should remain and that too much outdoor relief was provided. A
Minority Report was also published. Neither was acted upon.
majority shareholder Shareholder who owns or controls at least 50% of the company’s
shares.
majority stake Holding of more than 50% in any enterprise. This allows the holder to
exercise control over the enterprise as he can outvote all other holders.
Company law provides exceptions for some special resolutions
which require a super-majority (usually 75%), and also protects
minorities from abusive behaviour.
major public interest Declaration made by the Secretary of State in respect of an unlisted
company. Where such an interest is declared, the audit of the company
is a major audit. This means that if the auditor is obliged to resign that
position, he must state his reasons to the Secretary of State under
Companies Act 2006 s523, rather than to his professional body.
making an investment Term used in Income Tax Act 2007 s336 and Corporation Tax Act
2010 s221 in relation to community investment tax relief.
Sub-section 1 states that “an individual makes an investment in a
body at any time when —
(a) the individual makes a loan (whether secured or unsecured) to
the body, or
(b) an issue of securities or of shares in the body, for which the
individual has subscribed, is made to the individual”.
making sausage Business jargon for discussing potential financial gains in front of a
customer.
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mala praxis Latin: bad practice. The term is commonly used when a doctor injures a
patient by neglect of lack of skills. This is actionable.
male servant tax Excide duty charged from 1777 to 1885 at one guinea for every servant
kept.
Mallalieu v Drummond Leading case from the House of Lords on allowability of personal
expenditure. It concerned the plain skirts and blouses a lady barrister
was obliged to wear in court. It held that the clothes had a dual purpose
and so were not allowable. Its full citation is Mallalieu v Drummond
[1983] 57TC330.
malmsey duty An excise duty first introduced in 1490 on this sweet wine.
maltote An additional export tax charged between 1294 and 1297. Some forms
of it continued into the 14th century.
man hour Work done by one man (or woman) in one hour.
managed payment plan Scheme due to be introduced in April 2011 allowing payment of tax to
be made over several months instead of in a single payment.
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management Collective term for those persons responsible for the day-to-day running
of a business.
Accounting standards (such as FRS 8) distinguish between
management and control. Both involve running a business or, to be
more precise, power over assets. The distinction is that a person
exercise management when this power is exercised for someone else’s
benefit, and control when exercised for his own benefit.
management charges These are tax deductible, provided they are commercially justified and
reasonable in amount.
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management expenses The term has a specific meaning in relation to loss relief in Corporation
Tax Act 2010 s103.
management letter Letter often sent by accountants to a business before issuing an audit
report, setting out suggestions as to how the accounting and internal
control procedures could be improved.
management receiver Person appointed under a restraint order to receive property (Proceeds
of Crime Act 2002 s48).
managing trustees Trustees who manage the church on a day-to-day basis, unlike holding
trustees.
mandatory bid Compulsory bid, particularly the requirement to mount a takeover bid
when someone owns 30% or more of the shares of a listed company.
mandatory e-filing Requirement that certain tax returns must be filed electronically and not
on paper. The power to require this is Finance Act 2002 s135.
manipulation of price Artificial arrangements that affect a price to achieve a tax saving.
There are anti-avoidance provisions to counter this, such as in
Taxation of Chargeable Gains Act 1992 s151D.
manna from heaven Unexpected provision or benefit. The term comes from the food God
showered on the Israelites in the wilderness (Exodus 16:15, the Bible).
manners-bit Old term for the practice of a guest leaving some food on a plate to
indicate to the host that the food provided was more than adequate.
manpower forecasting Process of calculating how many people will be required and how many
will be available.
mansion tax Name given to a tax proposed by Vince Cable MP at the Liberal
Democrat party conference in 2009. The proposal was to introduce a
wealth tax of 0.5% on properties worth more than £1 million each year.
mansuetae naturae Latin: tame by nature. Description of animals such as a cow, horse or
dog.
manual tagging Insertion of iXBRL tags on corporation tax other than automatic
tagging.
Tags are entered from a list either from that supplied free by HMRC
for simple companies, or from commercial software. The use of these
tags is compulsory from 1 April 2011.
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manual transmission Arrangement in a car where the gear is selected by the driver using a
gear lever, as against automatic transmission where the gear is
determined according to the speed of the vehicle.
A driver who passes a test in car with manual transmission may
drive cars with either manual or automatic transmission.
manufacture For the purposes of Customs preference, this covers any processing,
working, specific operations or assembly (except for certain minimal
processes) carried out in the manufacture of the product in the European
Union (EU).
manufactured dividend Payment due under a contract to replace a dividend that the recipient
would otherwise have received. An example is when shares have been
“lent” to another person or business. These arrangements have been
used for tax avoidance.
Since 1960, there have been provisions to counter such
arrangements by treating a manufactured dividend (whether or not
actually paid) as if it were a real dividend.
manufacturing profit Difference between the cost of buying in an item as against making it
in-house.
manuscript accounts Accounts which are written by hand on paper, as against accounts kept
on a computer or other machine.
manuscript paper Paper that is ruled with five-lined staves for writing music.
As blank paper, it is standard-rated as stationery. If sold as finished
music, it may qualify for zero-rating under Value Added Tax Act 1994
Sch 8 Group 3 as explained in VAT notice 701/10.
maps For VAT, maps are zero-rated under Value Added Tax Act 1994 Sch 8
Group 3, provided that they are designed to present the natural or
artificial features of countries, towns, seas or the heavens. They may be
produced on any material, and may be a single sheet, in a book or
folded. Framed maps and decorative maps are standard-rated. Further
details are given in VAT notice 701/10.
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Mareva injunction Order of a court that prevents a person transferring assets to outside the
country. They are usually now called freezing orders.
The name comes from the case Marevia Compania Naviera SA
[1980] 1 All ER 213. CA.
margin The amount by which the selling price of an item exceeds the price paid
on its purchase.
margin of safety Any additional facility to provide additional safety. In finance, this
commonly refers to units of production which are certain to sell above
the breakeven point.
margin scheme Any financial arrangement which is related to the profit margin rather
than turnover. In particular, it refers to a special VAT scheme for
second-hand goods.
marginal costing Costing which uses marginal costs, such as calculating the
contribution each item makes to overheads.
marginal items of pay Expenses and other elements of the remuneration package paid to an
employee but of which the payroll department did not know at the time.
HMRC guidance allows such items to be taxed and subjected to
national insurance in the later pay period when discovered, except
where to do so would affect an employee’s benefit entitlement.
marginal land Land where its planned use is barely justifiable, such as when the clean-
up costs would consume any profit from development, or where
farming is particularly difficult.
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marginal pricing Practice of determining the price of a product or service as the marginal
cost plus a contribution to fixed overheads plus profit.
marginal purchase Purchase which the buyer thinks is just worth making.
marginal rate of tax The marginal rate of tax is the rate of tax paid on the next pound
earned. In the case of income tax this will increase as a person moves
from one band to the next. For more details on the UK income tax
system, you may want to look at the explanation of the tax system.
For corporation tax, the marginal rate (MR) is calculated as:
MR = (U x M) – (L x S)
(U – L)
where: U is the upper limit, L is the lower limit, and M and S are the
main corporation tax rate and the small profits rate respectively, both as
decimals (so 26% is 0.26).
The marginal rate for corporation tax is higher than the main rate.
For the main rate of 26% and small profit rate of 20%, the marginal rate
is 27.5%.
The marginal rate is expressed as a decimal, and so must be
multiplied by 100 to become a percentage.
marginal relief Amount by which the full rate of corporation tax is relieved when
taxable profits lie between the lower and upper limits. The formula uses
a standard fraction. The law is Corporation Tax Act 2010 s19.
The standard fraction is calculated as:
SF = (M – S)
(U-L)/L
where U is the upper limit, L is the lower limit, and M and S are the
main corporation tax rate and small profits rate respectively, both as
decimals (so 26% is 0.26).
In practice, the numerator and denominator are usually multiplied
by 10, 50 or 100 to avoid having decimals in the answer. The numerator
and denominator are calculated separately; the answer is not reduced to
a decimal.
For 2011/12 rates of 26% and 20%, the fraction is 0.06/4. This is
more conveniently expressed as 3/200.
marine adventure Risk incurred at sea, as defined in Marine Insurance Act 1906 s3
marine insurance “A contract whereby the insurer undertakes to indemnify the assured, in
manner and to the extent thereby agreed, against marine losses, that is
to say, the losses incident to marine adventure” (Marine Insurance Act
1906 s1).
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marital coercion Defence to a criminal charge that a wife was pressured by her husband.
mark German currency until the country adopted the euro in 2002. In 1945,
the currency was divided with West Germany adopting the
deutschmark and East Germany the ostmark. On reunification in 1990,
the deutschmark was worth more than 100 times the ostmark.
mark banco The German mark of fixed value used as a currency standard at the old
bank in Hamburg.
marked gas oil Gas oil on which hydrocarbon oil duty has not been paid. Customs
notice 75 imposes conditions on its storage and use.
marked kerosene (MKO) Heavy oil of which more than 50% by volume distils at a temperature
not exceeding 240C and contains the prescribed kerosene marker
coumarin. It is normally used for home heating purposes where it is
exempt from hydrocarbon duty.
market Any place or arrangement which allows people to buy and sell from
each other.
market analysis Study of a market, usually with a view to effective selling or investing.
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market capitalisation The value of a company as measured by the total stock market price of
its issued and outstanding shares. This is calculated by multiplying the
number of shares by the current market price of a share. It is also
widely used as a definition of company size - hence, big corporations
are usually referred to as large cap stocks (See also Small Caps)
market gardening In the first five years, a loss from this trade may only be offset against
other profits to the extent that the activity is run commercially (Income
Tax Act 2007 ss67-68; Corporation Tax Act 2010 s48).
marketing agreement Contract under which one company agrees to sell another’s products.
marketing board Statutory board entrusted with the sales of a particular commodity or
food product. Subscriptions to such a body are generally tax-deductible
as is discussed in the Inspectors’ Manual at BIM24850.
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marketing mix Those factors which promote marketing. The term was coined by Prof
E Jerome McCarthy at Harvard Business School in the 1960s.
The marketing mix traditionally comprises the four Ps:
● product: what is being sold must have inherent quality;
● pricing: the price must be acceptable to the customer (not
necessarily the lowest, but a higher price must be justified);
● placement: how the product or service is distributed or
otherwise supplied to the customer; and
● promotion: advertising, sales promotion, publicity and the
suchlike.
market neutral Investment strategy that seeks to produce the same return regardless of
what happens in the financial markets.
market order Instruction to buy or sell at the best available price, usually to be
executed immediately.
market overt An open market where a buyer obtained good title to goods even if they
were stolen. This ancient right was abolished from 3 January 1995 by
Sale of Goods (Amendment) Act 1994.
market price Price at which goods are offered for sale in a market.
market value In investment, the price for which a share or other security could be
transferred between a willing buyer and a willing seller.
For options, the market value rule may be required for
determining the capital gains tax.
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For pensions, the market value of an asset held for the purposes of a
pension scheme is to be determined in accordance with section 272 of
the Taxation of Chargeable Gains Act 1992 and section 278(2) to (4)
Finance Act 2004 (where dealing with a right or interest in respect of
money lent directly or indirectly to certain parties).
For property made available to an employee, market value “at any
time is the price which the asset might reasonably be expected to fetch
on a sale in the open market at that time” (Income Tax (Earnings and
Pensions) Act 2003 s208).
market value (of a share) The price for which a share could be transferred between a willing
buyer and a willing seller.
market value rule For capital gains tax, a rule used to calculate the gain on an option
(Taxation of Chargeable Gains Act 1992 s144ZA).
marking to market Another name for mark to market, when a marketable asset is valued
at its current market price.
Marks and Spencer case Term often used to mean the 2005 decision of the European Court of
Justice that a loss made by a foreign subsidiary may be offset against a
profit earned in the UK when all other forms of loss relief have been
exhausted. This was not then permitted under UK tax law. UK law was
changed in 2006.
[The company has also been involved in extensive litigation with
HMRC on VAT matters relating to the three-year cap and the doctrine
of unjust enrichment.]
Marren v Ingles Court case from 1980. It established that there is a capital gains tax
liability on ascertainable deferred consideration, such as when part of
the consideration is based on future profits in an earn-out.
marriage The voluntary union of one man to one woman to the exclusion of
others. Although the term does not include civil partnership, all the tax
consequences of marriage apply equally in that relationship.
In employment law, it is generally an offence for an employer to
discriminate against an employee because he or she is married or is not
married (Sex Discrimination Act 1975 s3).
For inheritance tax, gifts in consideration of marriage were, from 4
April 1963, free of estate duty without limit under Finance Act 1963
s53 (repealed by Finance Act 1975). Limits were introduced by Finance
Act 1968 s36 of £5,000 if made by a parent or ancestor or party to the
marriage, and £1,000 otherwise in respect of gifts made from 19 March
1968.
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marriage relief Customs term for the relief from duty when goods are brought into the
UK consequent upon marriage. Details are given in Customs notice 3.
marriage settlement Settlement made between husband and wife before or after the
marriage. The terms of such a settlement may be considered in any
divorce proceedings.
marriage tax A tax charged between 1695 and 1706 to fund the war with France. It
imposed a tax on marriage, birth, death, and being a bachelor or
widower.
marriage value Latent increase in value of property when the leasehold and freehold
interests are combined.
Such a combination is usually effected by creating an RTE
company. The marriage value is shared equally by the landlord and
RTE company.
It should be noted that the marriage value may be much greater than
the freeholder’s existing interest. The longer the term of the lease, the
lower is the marriage value. For a very long lease, the marriage value
may be a nominal sum.
Martens clause Clause in an international treaty. It states that anything not specifically
provided in the treaty is subject to international law and is therefore not
necessarily permissible. It was first used in the Hague Conventions of
1899 and 1909 at the behest of the Russian delegate Friedrich von
Martens (1845-1909).
Maslow’s hierarchy Model which identifies the different psychological needs of people.
master (1) For Customs purposes, “in relation to a ship, includes any person
having or taking the charge or command of the ship” (Customs and
Excise Management Act 1979 s1(1)).
(2) Judge, namely Master of the Supreme Court or Master of the Bench.
(3) Old term for an employer, as in “master and servant”.
Master of the Rolls Judge who presides over the Civil Division of the Court of Appeal.
matched expenditure Expenditure that it is taken into account in the same accounting period
as related income. A simple example is that the cost of goods sold is
taken into the accounts for the same period as the revenue from their
sale. This is part of the accruals concept.
matching grant A grant or gift made with the specification that the amount donated
must be matched from other sources on a one-for-one or some other
prescribed basis.
material facts Important and relevant facts, such as those which must be included in a
prospectus for potential shareholders.
materiality Accounting principle that the accounts should not be cluttered with
detail about amounts which are so small that they do not affect the
picture painted by the accounts.
The concept of materiality is not imported into tax law although
many tax provisions have specific de minimis limits. The matter is
discussed in the Inspectors’ Manual at BIM31045.
materials transfer note Document which records goods transferred between one workplace and
another.
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maternity allowance Social security benefit which may be paid to a woman who is not
eligible for statutory maternity pay.
It is paid under Social Security Contributions and Benefits Act 1992
s35.
The benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
maternity leave When a female employee is absent from work because of maternity.
The law prescribes three types of maternity leave:
● compulsory maternity leave, where a woman may not
return to work for two weeks after the birth (four weeks if she works in
a factory);
● ordinary maternity leave, a period of 39 weeks (from 1
April 2007) which usually coincides with the maternity pay period;
● additional maternity leave, a period which brings the total
maternity leave to 52 weeks. The woman is not entitled to any pay or
statutory maternity pay during additional maternity leave.
Other than pay, a woman is entitled to all other benefits under the
contract of employment. So she is entitled to keep a company car and
use any social facilities. Her pension payments continue to accrue.
An employer and employee are entitled to agree to provide more
maternity leave or for additional maternity pay to be made on whatever
terms they wish.
If a woman becomes pregnant again during maternity leave, a fresh
set of maternity leave starts even though it overlaps with the existing
leave. This appears to be the ruling in the European Court of Justice
case Busch v Klinikum Neudstadt GmbH und Co Betriebs-KG [2003].
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maternity pay Money paid to a woman who is absent from work during pregnancy,
childbirth and the period immediately after childbirth.
There are two types of maternity pay:
● statutory maternity pay, which is paid by the employer
under rules laid down by the government; and
● occupational maternity pay, which may be paid by the
employer under his own rules.
Matrimonial Causes Act Laws passed in 1923 which gave women the same rights as men to sue
for divorce. A second Act in 1937 allowed divorce after desertion for
three years.
matrimonial home Home in which a married couple lived together. The term is usually
used in the context of divorce settlements.
Where a wife has no proprietary, contractual or statutory right to
occupy the property, she may have rights under Matrimonial Homes
Act 1983 not to be evicted if in occupation, and to enter and occupy the
home otherwise.
criminal proceedings.
maturity date The date on which a payment becomes due at the end of the term of an
endowment policy or a fixed term security or loan.
maturity value The amount payable to the insured at the maturity date of an
endowment policy.
Maudling, Reginald English Conservative politician (1917-1979) who was Chancellor of the
Exchequer from 13 July 1962 to 16 October 1964 in the governments of
Harold Macmillan and Sir Alec Douglas-Home. He reduced purchase
tax and interest rates. He abolished the Schedule A charge for owner-
occupiers of homes, and scrapped the duty on home brewing of beer.
His 1963 Budget was nicknamed the “dash for growth”.
MAWB Master Air Waybill - refers to the bill of landing on a consolidated air
shipment.
maxi-ISA Term used between 6 April 1999 and 5 April 2008 to distinguish
individual savings accounts between maxi-ISAs and mini-ISAs. An
investor was only allowed to invest in one maxi-ISA.
maxims of equity Statements that summarise the legal principles to be used in equity. The
exact scope of each statement is not always obvious. The maxims are:
• equity acts in personam
• equity acts on the conscience
• equity aids the vigilant
• equity will not suffer a wrong without a remedy
• equity looks at the intent not at the form
• where the equities are equal, the earlier in time prevails
• he who seeks equity must do equity
• he who comes to equity must come with clean hands
• equity looks on that as done which ought to be done
• equity imputes an intent to fulfil an obligation
• equity will not assist a volunteer.
Maxwell pension scandal In 1991 it was discovered that the late entrepreneur Robert Maxwell
had raided £460 million of his companies’ pension funds to prop up his
businesses, many of which failed, meaning that many workers faced not
receiving their pension.
This scandal led to a tightening of laws on occupational pension
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MB Megabytes.
McKenna, Reginald English politician (1863-1943) who was Chancellor of the Exchequer
from 25 May 1915 to 10 December 1916 under the coalition
government of David Lloyd George. He introduced a 33.3% levy on
luxury goods.
McKenzie friend Someone who is not legally trained but who the court is prepared to
allow to sit and help a party in a case. The name comes from the case
McKenzie v McKenzie [1971].
MD Managing director.
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mean hourly output rate Quantity of units which a worker can reasonably produce in one hour
when paid on the basis of output work. This is when the worker is paid
for a unit of production (such as items assembled or envelopes filled
with literature) rather than per hour.
A worker paid on an output work basis is entitled to the national
minimum wage (NMW) determined either by the number of hours
worked or under a system of rated output work. This requires the
worker to be paid 120% of the NMW for each unit of production.
means of exchange One of the two functions of money. The other is as a store of value.
The use of money avoids the need for coincidence of supply in a
barter transaction. The prerequisite is that the parties to a transaction
both accept the form of money.
means-testing When provision of any facility depends on the claimant proving that
their income is sufficiently low.
measure of damages Principle used to determine how much damages to award in a case.
mediation Process whereby two people try to resolve a difference themselves with
the assistance of a third person, the mediator. A mediator does not
judge the issue himself (which is arbitration) but assists the parties to
work out their solution.
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medical expenses Generally these are not tax-deductible by an individual. A leading case
is Norman v Golder [1944] 26TC293 which concerned treatment to a
shorthand writer’s hand. The case is discussed in the Inspectors’
Manual at BIM37940.
The principle extends to surgery as held in the case Prince v Mapp
[1969] 46TC169 which related to a guitarist’s finger and is discussed in
the Inspectors’ Manual at BIM37945.
medical treatment When provided to an employee overseas, this may be exempt from tax
under Income Tax (Earnings and Pensions) Act 2003 s325.
medium of exchange Currency, assets, tokens or anything else which is used for the purposes
of allowing trade. By far, the commonest medium of exchange is
currency.
medium-sized company Company which is neither a large company nor a small company.
The definition is contained in Companies Act 2006 s465.
Basically, a company is medium-sized if it meets two out of three
conditions for both the current financial year and the previous year.
The three conditions currently are:
● annual turnover up to £22.8 million;
● balance sheet total up to £11.4 million;
● no more than 250 employees.
Lower financial limits have applied in earlier years. The odd
amounts arise because they come from an EU directive expressed in
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euros.
Certain companies are excluded from this scope even if they meet
these conditions.
medium term Between short-term and long-term, as defined for the context.
medium-sized vehicle Vehicle with a weight between 3,500 and 7,500 kilograms. This is
above an ordinary car but below a large goods vehicle.
This is category C1 on the driving licence. A driver must be 18 to
obtain a licence.
Meg Megone’s Company Cases, series of law reports published from 1888 to
1890.
Mehrweststeuer (Mwst) German for “value added tax”, as used in Austria and Germany.
member bank In the USA, a bank which is part of the Federal Reserve system.
member-nominated trustee
Trustee of an occupational pension scheme nominated by its members
(Pensions Act 2004 s241). At least one third of the trustees must be
member-nominated.
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memorandum account Any form of financial record outside the double-entry bookkeeping. A
ledger is a memorandum account (other than the nominal ledger).
The sales ledger and bought ledger are examples of memorandum
accounts. Entries to a memorandum account do not affect the overall
position as recorded in the nominal ledger. However the memorandum
account balance should be reconciled to agree with the relevant figure
in the nominal ledger.
memorandum in writing Provision that related to property transactions before Law of Property
(Miscellaneous Provisions) Act 1989 came into effect. This now
requires both parties to sign a contract in a property transaction.
memorandum of association
“A memorandum of association is a memorandum stating that the
subscribers:
(a) wish to form a company under this Act, and
(b) agree to become members of the company and, in the case of a
company that is to have a share capital, to take at least one share each”
(Companies Act 2006 s8(1).
The memorandum or accompanying documents must state:
● the company’s proposed name;
● whether the company’s registered office is in England or
Wales or Scotland or Northern Ireland;
● whether the liability of members is to be limited, and, if so,
whether by shares or guarantee;
● whether the company is to be a public company or a
private company;
● the name and address of any agent acting for the subscribers;
● (for companies limited by shares) a statement of the capital
and details of initial shareholdings;
● (for companies limited by guarantee) a statement of
guarantee;
● proposed address of registered office;
● statement of proposed officers;
● copy of the proposed articles of association, unless the
relevant model articles are to be adopted; and
● statement of compliance.
memorandum of understanding
An agreement between parties defining the roles and responsibilities of
each in relation to the other or others. Such an agreement is not legally
enforceable.
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memorandum rule For stamp duty, the rule that a memorandum evidencing an oral
contract may need to be stamped as if it were the original document.
mens rea Latin: guilty mind. It is one of the two conditions that must usually be
proved to obtain a criminal conviction. The other is actus reus.
mental capacity Ability to make decisions for oneself. This is now governed by Mental
Capacity Act 2005 which took effect in October 2007. It generally
replaced the Mental Health Act 1983. A person who lacks mental
capacity is called a patient.
The law assumes that everyone has mental capacity until the
contrary is established (Mental Capacity Act 2005 s1(1). A person lacks
capacity “if at the material time he is unable to make a decision for
himself in relation to the matter because of an impairment of, or a
disturbance in the functioning of, the mind or brain” (ibid s2(1)).
The 2005 allowed a person, a trustee, to act for a patient in making
decisions on health and welfare, in addition to finance (which was the
only area allowed for in the 1983 Act). The 2005 also provides a
checklist and is supported by a Code of Practice.
The trustee is usually a close relation or close friend. If no-one is
able to act in such a capacity, the Office of the Public Guardian may
provide one. This may require an application to the Court of
Protection.
In general, the law upholds agreements made by patients to the
extent that the patient can understand them. It is possible for a patient to
be capable of buying food, but not of entering into a mortgage.
A decision made by a person while they have capacity remains valid
when capacity is lost, though a trustee may vary such a decision if it
seems to be in the patient’s interests to do so.
The trustee will usually deal with the patient’s tax affairs, and may
sign the tax return in such capacity.
mental disorder “Any disorder or disability of the mind” (Mental Health Act 2007
s1(2)).
Dependence on drugs or alcohol is not considered a disorder of the
mind (Mental Health Act 1983 s1(3).
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mental impairment This is defined differently under Disability Discrimination Act 1995
s68 and Sch 1 para 1(1) as “an impairment resulting from or consisting
of a mental illness only if the illness is a clinically well-recognised
illness”.
mercantile agent “A mercantile agent having in the customary course of his business as
such agent authority either to sell goods or to consign goods for the
purpose of sale, or to buy goods, or to raise money on the security of
goods” (Factors Act 1889 s1(1)).
merchant (1) Person who buys and sells for business reasons.
(2) In banking, a business which accepts credit cards.
merchant bank Bank which deals with companies rather than individuals. They
particularly deal with funding new issues of shares.
mere equity Right relating to property that is lesser than an equitable right or legal
right. It only affects parties to a transaction. An example is the right to
amend a document.
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merger relief Relief from company law rules on share premium account on a
merger, providing that one company acquires at least 90% of the shares
of the other.
These provisions are set out in Companies Act 2006 s612 onwards.
merging companies For the purposes of venture capital trusts, this is defined in Income Tax
Act 2007 s323(1). This states that “there is a merger of two or more
companies (the merging companies) if —
(a) shares in one of the merging companies (“company A”) are
issued to members of the other merging company or companies, and
(b) the shares issued to members of the other merging company or,
in the case of each of the other merging companies, the shares issued to
members of that other company, are issued —
(i) in exchange for their shares in that other company, or
(ii) by way of consideration for a transfer to company A of the
whole or part of the business of that other company”.
Section 323(2) further states that “there is also a merger of two or
more companies (“the merging companies”) if —
(a) shares in a company (“company B”) that is not one of the
merging companies are issued to members of the merging companies,
and
(b) in the case of each of the merging companies, the shares issued
to members of that company are issued —
(i) in exchange for shares in that company, or
(ii) by way of consideration for a transfer to company B of the
whole or part of the business of that company”.
merit award Award added to pay which an employee has earned by merit.
Mesher order “An order by the courts that a spouse holding an interest in the
matrimonial home should hold it on trust for a limited period, for
example until remarriage of the other spouse or death of the other
spouse or the 18th birthday of the youngest child of the marriage and
entitling the other spouse to occupy the home for the trust period”
(Trust manual 65365).
Where the home is the main residence, the usual main residence
relief is available for capital gains tax. The trust will usually be a
discretionary trust which may trigger inheritance tax charges. For this
reason, divorce settlements often seek to avoid Mesher orders.
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mesne profits Money that a landlord may claim from a tenant who remains in
occupation after the tenancy has ended.
mess allowance Such a payment to a member of the armed forces may be exempt from
tax under Income Tax (Earnings and Pensions) Act 2003 s297.
methylated spirits Name for liquid which largely comprises ethyl alcohol but which is
made unsafe to drink and therefore avoids the excise duty for alcoholic
liquor.
Methylated spirits contain methyl alcohol, which is a poison rather
than an intoxicant. It may also contain purple dye.
Customs has three classes of methylated spirits:
● Mineralised Methylated Spirits (MMS);
● Industrial Methylated Spirits (IMS);
● Denatured Ethanol B (DEB).
From 1 July 2005, the general Customs term is denatured alcohol.
The relevant law is Alcoholic Liquor Duties Act 1979 s75. It is an
offence to use such spirits as a beverage or medicine (ibid s80).
metric system System of units or length, mass etc that use the base ten, as against old
imperial system that used historic measures of other multiples. The
exception is time, which uses traditional measures of 60 seconds to a
minute, 24 hours to a day etc.
The main metric units are the metre for length, litre for capacity
and gram for weight. Other units include the ampere for electric
current, Kelvin for temperature, candela for luminosity, radian for plane
angle and steradian for solid angles.
The units are sometimes prefixed to indicate multiples and
submultiples, such as “kilometre” for 1000 metres. The full list is:
Prefix Abbreviation Multiple
yocto y 10-24
zepto z 10-21
atto a 10-18
femto f 10-15
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MGO Marked Gas Oil, a heavy oil of which not more than 50% by volume
distils at a temperature not exceeding 240 degrees C and of which more
than 50% by volume distils at a temperature not exceeding 340 degrees
C. Marked gas oil also contains the prescribed markers quinizarin and
Solvent Red 24 to allow for rebated off-road use.
micro-entity EU accounting term for a business which meets at least two of these
criteria:
• balance sheet total of €250,000
• net turnover of €500,000
• maximum of ten employees.
Such businesses are to be grant relief from some business requirements.
This includes producing a simplified profit and loss account amd profit
and loss account. The announcement was made on 31 May 2011. The
UK government says it supports this proposed directive.
microfiche Plastic slide on which text is printed in a size that requires a special
reader to be legible. Company records were widely available on
microfiche before computers replaced them.
For VAT, microfiches are generally standard-rated and do not
benefit from the zero-rating for books (VAT notice 701/10).
microgeneration Facilities for a home to produce electricity. The law is Energy Act 2004
s82.
Use for the generation of electricity of any plant which uses
apparatus that derives its energy solely from renewable sources such
as sunshine or wind (Climate Change and Sustainable Energy Act 2006
s26(1)). The maximum amount for electricity is 50 kilowatts and for
heat 45 kilowatts thermal.
microlettering Very small letters that look like dots to the naked eye.
This is used as a security feature on modern Bank of England notes.
Using a strong lens, the dots under the Queen’s portrait appear as letters
and numbers indicating the note’s value.
microperforation Perforation which is so small that it is not noticed by the naked eye.
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Middle Temple One of the four Inns of Court. It dates from 1404.
Midland Bank One of the Big Four banks in the UK, which is now part of HSBC
under which name it trades.
The bank was formed in Birmingham in 1836 as the Birmingham
and Midland Bank. By 1918 it was the largest bank in the world.
It adopted the name Midland Bank in 1923. Its logo was a griffin in
a circle of dots. It also styled itself “the listening bank”.
The bank expanded through acquisitions including Montagu Trust
in 1967, and travel agents Thomas Cook in 1972 (which it sold in
1992).
The Hongkong and Shanghai Banking Corporation acquired a
14.9% holding of Midland in 1987, and bought out the bank in 1992.
Midland Bank was renamed HSBC bank in 1999.
Midland Marine Leading court case on the matching of foreign exchange assets and
liabilities.
Its full citation is Pattison v Marine Midland Ltd [1983] 57TC219.
It is discussed in the Inspectors’ Manual at BIM39520-39521.
Midsummer Day The English quarter day of 24 June, marking the summer solstice
when nights are their shortest.
migrant settlement Trust that moves from being UK-resident. The capital gains tax
implications are given in Taxation of Chargeable Gains Act 1992 s89.
migrating trustee Trustee who ceases to be UK-resident. The capital gains tax
implications are given in Taxation of Chargeable Gains Act 1992 s82.
mile Imperial unit of length, still widely used in transport. It equals 1,760
yards, 5,280 feet or 1609.344 metres.
mileage allowance relief Amount per mile that may be paid to an employee for use of a personal
vehicle on the employer’s business, without triggering a liability to
income tax or national insurance (Income Tax (Earnings and Pensions)
Act 2003 s251).
If the employer reimburses at a lower rate, the employee may claim
income tax relief on the shortfall.
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milk quota Producer’s right to sell a fixed amount of milk each year. It is an asset
its own right, independent of the milk itself. As such it can be part of a
farmer’s estate for inheritance tax purposes.
Since 1994, it has been possible for milk quota to be sold separately
from the land to which it relates, and for quota to be temporarily
transferred between farmers.
These quotas are issued under European Union rules from 2 April
1984 to restrain excessive milk production. The quota is now allocated
by the Rural Payments Agency.
The current EU regulations are 3950/92 given effect in the UK by
the Dairy Produce Quota Regulations 1994.
The VAT position is that the sale of a quota without land is a
standard-rated supply. The sale of quota with land is usually regarded
as part of the supply of the land. The matter is discussed in the
Inspectors’ Manual at VFOOD9950.
milk retention Part of the income earned by a dairy farmer who chose to sell his milk
through Dairy Farmers of Britain. These retentions are part of the
taxable income of the farmers even though many could not be realised
when Dairy Farmers went into receivership on 3 June 2009.
millennium bug The set of problems occurring (or expected to occur) on January 1,
2000 and other related dates caused by short-sighted programming that
coded the years with only 2 digits. The problem largely did not
materialise. The extent to which such expenditure was capital or
revenue is discussed in the Inspectors’ Manual at BIM35865.
milliard Old term which meant one thousand million or 109. This term is now
conveyed by the word billion.
miner A coal miner may receive free coal or an allowance in lieu of coal. Such
coal or allowance is tax free under Income Tax (Earnings and Pensions)
Act 2003 s306.
mineral royalties Payment to someone for extracting or winning minerals. Its tax
provision is given in Income and Corporation Taxes Act 1988 s122(5).
mineral water For VAT, this is standard-rated. It does not benefit from the zero-rating
for water.
minibus permit Permission which allows certain organisations to operate minibuses for
hire or reward without having to obtain a passenger carrying vehicle
licence.
mini-ISA Term used between 6 April 1999 and 5 April 2008 to distinguish
individual savings accounts between maxi-ISAs and mini-ISAs.
An investor was allowed to invest in only one maxi-ISA but could
invest in more than one mini-ISA which had a separate cash limit.
minimum age Age at or above which a person is allowed to do something, such as buy
alcohol or drive a car.
minimum amount Term used in relation to personal allowances (Income and Corporation
Taxes Act 1988 s256B).
minimum guarantee The lowest amount of total income received by a person receiving a tax
credit.
minimum reserves The smallest amount of reserves an organisation may hold, particularly
a bank.
minimum share capital The smallest legal amount of share capital that a limited company may
have.
There is no lower limit for a private company. For a public
company, the lower limit is £50,000 or the equivalent in euros
(Companies Act 2006 s763(1)). This amount is known as the
authorised minimum.
minimum wage Lowest wage which may be lawfully paid. This is the national
minimum wage unless an organisation sets a higher minimum.
mini-skirt Short skirt which stops above the knee. They became fashionable from
around 1965 to 1973, and have been fashionable several times since.
When first introduced, the government lost purchase tax because
shorter skirts came within the scope of untaxed children’s clothing.
This led to a change in the law defining children’s clothing according to
other measurements and how they are held out for sale. These
provisions are still included in current VAT law (VAT notice 714).
Short skirts are also seen as a fanciful measure of the economy
known as the hemline theory.
ministerial trust Special trust which requires just normal business skills to administer.
minister of religion Tax exemption for their accommodation is given in Income Tax
(Earnings and Pensions) Act 2003 from s290.
The matter is discussed in the Inspectors’ Manual at EIM60001.
minor Person under 18. Note that child means a person under 14.
A minor has a limited capacity to contract. This is generally
restricted to buying necessities at a fair price. A minor cannot own
property, so there are some tax-advantaged forms of trust that may be
used. These include 18-25 trusts and trusts for a bereaved minor.
A trust for a minor may be voidable during minority or soon after
the 18th birthday.
Minors are generally liable to pay tax on the same basis as adults.
There is an exception for national insurance where the tax is not paid
for those under 16.
Income from a parent is regarded as the child’s only up to £100 a
year. Thereafter, the income is regarded as still being the parent’s.
Minors qualify for a lower rate of national minimum wage.
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minor benefits Benefit that the Treasury may by Order exempt from being treated as a
benefit in kind when provided to an employee (Income Tax (Earnings
and Pensions) Act 2003 s210). Orders have been made for certain
meals, bus and minibus services, pensions advice and recreational
facilities, among others.
minority interest The amount of a subsidiary not owned by the holding company.
mirror legislation When text in one Act is reproduced in the same or similar terms in
another Act.
There are many examples where text in an income tax Act is
mirrored in a corporation tax Act.
miscellaneous transactions
Term used in Corporation Tax Act 2010 s91 in relation to income and
losses, particularly from offshore activities.
mischief rule One of the methods for interpreting an Act of Parliament. (The other
main methods are the golden rule and literal rule.)
The mischief rule asks for what purpose the Act was passed. It was
expressed in Hayden’s case [1543]. It is now only followed when
words are ambiguous.
In the leading tax case Pepper v Hart [1992], the House of Lords
held that the courts could look to Hansard, the record of Parliamentary
proceedings to see the purpose of the Act. In the case Madeley v HMRC
SpC 547 [2006], the Special Commissioners made reference to an
Inland Revenue press release.
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misleading statement Statement which is expressed to make a person believe that it says
something which is untrue.
It is a criminal offence for a director to make a false statement in the
directors’ report, directors’ remuneration report or summary financial
statement (Companies Act 2006 s463(1)).
Missing in Action (MIA) Scheme of relief from estate duty suffered by those killed in the war.
Details are given in the entry for killed in action. These provisions can
still be relevant if claiming transferable nil rate band for inheritance
tax where the first death was before 12 March 1952.
This relief is quite separate from the inheritance tax relief for those
killed on active service.
offers of easy profits. HMRC may refuse to pay the input tax if there is
evidence that the company knew or should reasonably have known that
it was fraudulent. HMRC routinely suspends payment of input tax while
this is investigated. MTIC cases are frequently litigated, usually with
HMRC winning. Guidance is provided by the Bond House decision.
Variations include carousel fraud which is where the same goods
are passed from business to business in difference EU member states.
Another variation is to run a dirty chain of MTIC fraud with a
clean chain of legitimate trade. The input tax from the dirty chain is
offset against the output tax from the clean chain. As this does not
trigger a VAT repayment, it is less likely to be immediately challenged.
This is known as contra-trading.
mission statement Precise description of what an organisation does. It asks the question
“why?” rather than “how?”
misused stamp For stamp duty, when too much duty has been paid. It is treated as a s
spoiled stamp.
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mitigation The reduction of a penalty by HM Customs and Excise or the VAT and
Duties Tribunal. Applies only to certain types of civil penalties. For
example, misdeclaration penalty and belated notification penalty.
mitigation When a charge is reduced, such as a tax penalty where the taxpayer has
been co-operative.
Mitt joint In gambling, a club where the house cheats the players, or one that turns
a blind eye to cheating in general.
mixed economy Mixture of state control and capitalism. Most British political parties
support the mixed economy though they may disagree on where the
boundaries should be.
mixed expenditure Expenditure that contains two or more elements that are treated
differently for tax. The expression is used in the Inspectors’ Manual at
BIM24460 in relation to expenditure related to mutual trading which is
not allowable against the taxable profits of non-mutual trading.
mixed holding A single holding including shares that qualify for share loss relief and
shares that do not. The tax treatment is addressed in Corporation Tax
Act 2010 s76.
mixed loan Loan which has more than purpose that qualifies for relief against
income tax. The types of loan are set out in Income Tax Act 2007
s383(2) and the provisions for mixed loans are set out in ibid s386.
mixed supply For VAT, where a charge is made on a single inclusive price for a
number of separate supplies of goods or services. This is different from
a single supply of a mixture of goods or services, to which a single rate
of tax applies.
mixing beer “Mixing of beer from one brew with that from another and the mixing
of beers of different alcoholic strengths” (Customs notice 226).
There are certain restrictions for beer duty purposes, and special
record keeping requirements for calculating the duty.
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MLC Meat and Livestock Commission - a trade organisation for the British
meat industry. The MLC was established by the Agriculture Act 1967.
It is a non-departmental public body and is partly funded by grants from
the UK Government and the EU.
mobile crane Vehicle which is used for high construction work. From 1 January 1999
it is classed as a large goods vehicle for driving licence purposes.
model articles Draft articles of association which a company may use, with whatever
modifications it wishes. These are produced by under the authority of
Companies Act 2006 s19.
If a company fails to adopt its own articles, the model articles apply
to it by default (Companies Act 2006 s20).
modest private use Term used in Income Tax (Earnings and Pensions) Act 2003 s238.
Modest private use of a heavy goods vehicle, as set out in the
section, is not a taxable benefit in kind.
modified PAYE Part of original PAYE scheme whereby the week 1 basis could be used
for two weeks and the cumulative code for the third week.
monetarism (1) Accounting principle that the accounts only reflect items to which a
value in money terms may be ascribed.
(2) Economic principle that markets determine economic policy.
monetary attributes Term used in FRS 18 para 6 in defining measurement bases. The term
basically means the value of an item in the accounts.
monetary base control The stock of cash that an economy has. i.e. the level of notes and coins.
The closest measure of the money supply that we have to this in the UK
is M0. Some Monetarists argued that the level of the money supply in
the economy could be controlled by strict control of the monetary base.
By tightly limiting the level of notes and coins available, financial
institutions would be unable to expand their assets too quickly. They
would have to be sure they had enough cash to operate. This process is
known as monetary base control.
monetary items Assets and liabilities to which a value in money can be ascribed.
monetary policy “The regulation of money supply and interest rates by a central bank,
such as the Bank of England, to achieve economic objectives” (HM
Treasury glossary).
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assets.
money bill Public Bill in Parliament that the Speaker of the House of Commons
has certified contains only provisions dealing with finance and taxation
(Parliament Act 1911).
money broker Dealer operating in the interbank and foreign currency markets.
money earnings Term used in Income Tax (Earnings and Pensions) Act 2003 s18 in
relation to salaries and wages paid in money rather than in benefits in
kind.
money laundering Any process which is designed to take dirty money (such as from
crime) and make it look clean. It is a crime not to report suspicion of
money laundering.
Proceeds of Crime Act 2002 s340(11) extends this to include
attempts, conspiracy, incitement, aiding, abetting, counselling and
procuring of the offence.
money laundering Process of turning dirty money into clean money, such as taking
proceeds from drug trafficking or terrorism and making it appear as
coming from a legitimate source. There are strict laws designed to
counter laundering.
Money Laundering Use for assets derived from an illicit activity, such as drug trafficking.
money lying idle Money which is not being used, such as by being employed in a
business or earning interest.
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money machine Device which supposedly produces money, such as printing notes from
plain paper, and sold to the gullible. They all work by hiding a real
bank note or coin in the mechanism.
money market Any market where money may be borrowed and lent, usually for a short
term.
money market fund Investment fund which invests only in money market activities.
money order Document which can be used for sending money through the post. It is
similar to a postal order. The service is offered by several companies.
money purchase benefits Benefits provided under a pension scheme, the rate or amount of which
is calculated by reference to an amount available for the provision of
benefits to or in respect of the member (whether the amount so
available is calculated by reference to payments made under the scheme
by the member or any other person or employer on behalf of the
member, or any other factor).
money purchase scheme
Pension scheme where the pension is based on the value of the fund
accumulated. It is also known as a defined contribution scheme.
money’s worth Tax term used in Income Tax (Earnings and Pensions) Act 2003 s62(3)
to mean the taxable value of a benefit in kind.
moneys worth Something that is used as a substitute for money, such as when gold
bars or gilts are used to pay employees. For tax purposes, such items are
treated in the same manner as cash rather than as a benefit in kind. In
some contexts, such items are known as readily convertible assets.
The inspectors’ manual at EIM 00570 explains that the item must
be worth money to the employee or be capable of being turned into
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money by the employee. For the latter, the manual says that the scope is
wider then selling the item; it includes rent or hire. So a company car
provided to an employee who is banned from driving is still a taxable
benefit in kind.
monosodium glutamate Flavour enhancer. When supplied alone, it is standard-rated for VAT. It
is not zero-rated as food because it has no nutritional value (VAT notice
701/14).
Month A period ending on the last Sunday of a calendar month or any other
period HM Customs and Excise may specify.
month “Means calendar month” (Interpretation Act 1978 Sch 1). This
provision has applied since 1850.
held that the time of one limit specified in Customs and Excise
Management Act 1979 Sch 3 para 3 from 4 November 2008 expired on
3 December 2008. The consequence was that a notice served on 4
December 2008 was held to be late.
A tax month is from the 6th day of a calendar month to the 5th day
of the next calendar month.
A lunar month is a period of four weeks.
month end End of a calendar month, when accounts may have to be drawn up.
Monthly assessment (1642-c1700) A direct tax combining elements of subsidy, forced loan and
ship money. It was originally imposed weekly, but changed to monthly
in 1645. Amounts for each county were fixed by 1649. This tax
established commissioners, and regional officers called surveyors.
Appeals commissioners were established in 1659. It laid the foundation
for an administrative tax system still in evidence today.
moonlighter Person who works in a second job. The term comes from those who
worked at night.
In tax, the term means a person whose second job is not known to
the tax authorities, as against a ghost who is not known to them at all.
Moore Ind App Moore’s Indian Appeals, law reports of Privy Council hearings from
1836 to 1872.
mopping up Description of any provision that deals with matters not otherwise
addressed. Schedule D Case VI was seen as a mopping up provision for
income tax not assessable under other schedules or cases.
moral hazards Risks which derive from trying new and innovative ideas, particularly
by a bank.
The term was coined in 2007 by the Bank of England to describe
the problems encountered by Northern Rock in borrowing heavily from
lenders affected by the sub-prime lending crisis. The Bank of
England’s view was that it should not provide more support against
moral hazards as this could encourage banks to take greater risks.
morality tax Term used from the 1960s to 1980s to describe the tax disadvantages
that a couple could suffer by marrying compared with living together.
moral rights In relation to copyright, means the right of a creator of the work to be
identified as such, and not to have his work subjected to derogatory
treatment (Copyright Designs and Patents Act 1988 s77).
moral test Test used by the Irish court in Hayes v Duggan [1926] where the Irish
Supreme Court held that profits from illegal fruit machines could not be
taxed because it was immoral for the state to profit from what it forbids.
This view was specifically disavowed in the UK, particularly in Mann v
Nash [1932]. The matter is discussed in the Inspectors’ Manual at
BIM22008.
morbidity table Actuarial statistics showing the frequency and duration of a sickness.
more than 50% test Requirement in tax law that replacement expenditure for an integral
feature qualifies for a capital allowance, provided that more than 50%
of the asset is replaced within a 12-month period.
more than one document Principle of stamp duty that, where a transaction is given effect by two
or more documents, only one document needs to be stamped.
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mortality tables Tables indicating how long people are expected to live according to
their sex and current age. They are also known as actuarial tables or
life expectancy tables.
mortgage A secured loan used to buy a fixed asset, most commonly a domestic
home.
There are three main types of mortgage:
A repayment mortgage - you pay off the loan by instalments of capital
and interest so that after the agreed period you have paid off all the loan
An interest only mortgage - you pay only interest on your mortgage and
make other arrangements to repay the capital, like an endowment
policy.
A flexible mortgage allows you to make overpayments and take
payment holidays.
mortgage debenture Debenture which can be recovered by selling the borrower’s property.
mortgage deed The legal document that is signed to say that the lender has a legal
charge over the borrower’s property.
mortgage indemnity Insurance taken out by a mortgagor to protect the lender should the
property be repossessed and sold for less than the outstanding
mortgage. It should be noted that this indemnity protects the lender and
not the borrower.
mortgage indemnity fee Addition to a mortgage indemnity premium when the sum borrowed
exceeds the ratio for a normal mortgage indemnity. The fee is, in effect,
a second premium.
mortgage interest relief Tax relief that was available for ordinary mortgages before 6 April
2000.
Originally, relief was given for any amount. This was capped at
£25,000 from 6 April 1974, increased to £30,000 from 6 April 1983.
From 1 August 1988, the limit applied to the property and not to the
borrower. From 6 April 1983, relief was given at source at Mortgage
Interest Relief at Source (MIRAS).
Tax relief was restricted to basic rate from 6 April 1991, to 20%
from 6 April 1994, to 15% from 6 April 1995, and to 10% from 6 April
1998 until abolition.
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mortgage rescue Scheme which allows a mortgagor to sell all or some of his interest in
the home and continue living there as a tenant.
motherboard (mobo) The main circuit board of a computer that contains the slots and sockets
which interfaces, drives and peripheral devices plug into. On most PCs,
memory can be directly added to the motherboard and you may also be
able to upgrade to a faster PC by replacing the CPU. Motherboard is
sometimes abbreviated as mob0.
motor insurance Insurance of a car, its driver and passengers, and against third parties
who may be injured or killed by the car.
Since 1930, it is a legal requirement that a car may only be driven if
third party insurance is in place (Road Traffic Act 1988 s143(1)(a) as
amended). In practice, almost all third party insurance sold exceeds the
statutory minimum.
This insures against death and injury to third parties and passengers,
and against damage to third party property. There is no statutory
requirement to insure the car itself, the driver or third parties or their
property on private land.
Third party, fire and theft is the common name for a policy that
also insures the car against theft (but not usually against vandalism) and
against fire whether caused by arson or from mechanical failure.
Comprehensive insurance also adds damage to the vehicle caused
by the driver, and other damage to the vehicle from third parties.
Some policies add further cover for legal expenses, a courtesy car,
protection should the car be damaged by an uninsured driver and
breakdown cover.
A disc evidencing vehicle excise duty (road tax) for the year cannot
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be bought unless there is evidence that the vehicle has at least the
statutory insurance.
When an employer pays the insurance for a company car, there is no
additional taxable benefit in kind.
motor spirit duty Tax which was first imposed in 1909 at 3d per gallon (on the current
price of 6d).
This tax is now known as hydrocarbon oil duty.
motor tricycle Vehicle with three wheels and an engine. A driving licence is needed to
drive it, though if it has an unladen weight of up to 550 kilograms, it is
regarded as a light vehicle.
motorhome Vehicle which has facilities for everyday living, such as facilities for
eating and washing. Provided the vehicle is not more than 12 metres in
length and 2.55 metres wide, it may be driven by the holder of an
ordinary car driving licence provided the weight limit is not exceeded.
movable property Chattels and other possessions which can be moved, as against land and
buildings.
movables Furniture, books and other goods that may be easily transported.
moveables tax Tax charged in 1489 and 1490. It complemented the direct subsidy. It
was levied on moveable items other than personal possessions and sea
ships. Individuals were assessed in the place “where they were most
conversant”.
moving walkway For capital allowance purposes, is treated as an integral feature, which
means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
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M&S Maule and Selwyn’s Reports, law reports of King’s Bench Division
from 1813 to 1817.
[This is also the abbreviation for the company Marks and Spencer.]
MSCI World Index of world share prices produced by Morgan Stanley Capital
International. It draws share prices from 24 countries.
MSC provider “A person who carried on a business of providing or facilitating the use
of companies to provide the services of individuals” (Income Tax
(Earnings and Pensions) Act 2003 s61B(1)(b)”.
whose loans have become unpayable. Its main provision is to write off
100% of loans owed to the World Bank, IMF and African Development
Bank.
multilateral netting Financial method of aggregating sums from different sources into one
currency. It is used by banks operating in different countries.
multiple bet Bet where any winnings became the stake for another bet. This process
is known as the accumulator.
multiple birth Where more than one baby is born at a time, such as twins or triplets.
Only one amount of statutory maternity pay is payable for a multiple
birth. There is a separate entitlement to child benefit for each child.
multiple occupancy When premises are occupied by several unrelated people. The term is
not used when a house is occupied by people who are related to each
other.
Under English planning law, an ordinary residence is not in
multiple occupancy unless it has more than five people who are not
related.
multiple ownership When an item of property is owned by more than one person.
multiple site commonhold A commonhold which involves two ore more parcels of land, which
need not be contiguous (Commonhold and Leasehold Reform Act 2002
s57(1)).
multiple windows In computing, when the user has more than one window open at a time.
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multi-skilling Increase of the skills base of the workforce, by training existing staff in
new functions.
multi-tasking Skill of doing more than one task. The term can apply to multi-skilled
staff or to computer software.
multi-tier adviser Financial adviser who advises on the financial products of a few
companies, but not on all companies.
mum Form of black beer which is exempt from alcoholic liquor duty
(Alcoholic Liquor Duties Act 1979 s4(1)).
Munro Inheritance tax case that helps to determine whether a gift is a gift with
reservation. In particular, the case established the principle of shearing
where an outright gift may be made of less than the whole property.
The case was a Privy Council case on stamp duty in Australia, but is
still regarded as a valid precedent. The full name is Munro v
Commissioners of Stamp Duties (New South Wales) [1934].
mushroom kits For VAT, these are specifically zero-rated as being an item to prepare
food for human consumption. A reusable container for this purpose is
standard-rated.
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mushroom-shaped stopper
Stopper shaped like a mushroom, and usually attached to a bottle with
wire to keep in the internal pressure of its contents.
If cider is sold in a bottle with such a stopper, it attracts a higher
rate of cider duty (Alcoholic Liquor Duties Act 1979 s62A(3)).
music For VAT, sheet music is zero-rated under Value Added Tax Act 1994
Sch 8 Group 3 whether in bound books or loose. The music may be in
any notation, handwritten or printed. However the commission of a
work from a composer is not zero-rated. Further details are given in
VAT notice 701/10.
Music rolls and blank manuscript paper are standard-rated.
Recorded music is generally standard-rated however provided (eg
vinyl records, CDs, downloads).
mutual debt When two people each owe money to the other.
mutual exclusivity Tax concept that income that is assessed under one source (or Schedule)
cannot be assessed under another.
The principle is set out in BIM14005 and in cases such as Edon v
Ross [1961].
mutual organisation A body which is owned by its members and not by shareholders.
Examples of mutual organisations include building societies, clubs and
similar, professional bodies and mutual insurance companies.
There is a tax implication that a person cannot trade with himself,
so transactions within a mutual organisation may not be taxable.
As mutual organisations do not have shareholders, they do not need
to earn a profit and in effect provide that profit to members by means
of a reduced charge for services.
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mutual wills When two people each make wills leaving their estate to the other.
MV Motor Vehicle.
M&W Meeson & Welsby’s Reports, law reports of Exchequer from 1836 to
1847.
Mycel great gyld A form of Danegeld imposed in 1083 and 1084 by William I.
My & Cr Mylne & Craig’s Reports, law reports of Chancery from 1835 to 1841.
Myl & K Mylne & Keen’s Reports, law reports of Chancery from 1832 to 1835.
N
NAD No abnormality detected. Common abbreviation for sick notes (HMRC
leaflet E14).
nag box Box that appears unprompted on a computer screen to remind you to do
something, such as to upgrade your software.
name and shame Popular name given to the provisions of Finance Act 2009 s94. This
section allows HMRC to publish the names of those who attempt to
cheat HMRC of at least £25,000 tax from 1 April 2010.
named sums Tax charged between 1514 and 1516. A sum of £160,000 was ordered
to be raised each year according to wealth, but with no precise formula.
The sum raised each year was less than £50,000.
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NAO-approved services Services approved by the National Audit Office in accordance with
Budget Responsibility and National Audit Act 2011 Sch 3.
napoleon French gold bullion coin issued in 19th and early 20th centuries.
narration Brief text which appears in the journal and other books of account to
provide such details of the transaction as are not obvious from the
information otherwise recorded.
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national bank Bank which operates throughout the whole country and not just in part
of the country.
In the USA, the term means a bank which is part of the Federal
Reserve system, as against a state bank.
National Debt “The total amount of debt owed by a government, raised through
borrowing from individuals and institutions. It is the sum total of all
previously incurred deficits that have not been paid” (HM Treasury
glossary).
National Grid National network of cables and pylons established from 1926 to provide
everyone in the country with access to electricity at a standard voltage.
national income Value of all sales of goods and services from businesses in a country.
national income accounts Economic statistics for a country over a defined period.
National Land Fund Body established to acquire land for the state. It was originally set up in
1946 to acquire property to commemorate victory. It was replaced by
National Heritage Memorial Fund in 1980 which can acquire other
assets such as works of art and historic vehicles.
Under estate duty laws, a person could surrender property in lieu of
estate duty. Finance Act 1946 s50 required the National Land Fund to
reimburse Inland Revenue for such property accepted.
[This should be distinguished from the 19th century National Land
Company that was set up by Chartists for political purposes.]
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National Lottery Participation in this is not regarded as gambling (Gambling Act 2005
s15).
national purpose Purpose considered of benefit to the country as a whole. A gift for such
purpose is exempt from inheritance tax (Inheritance Tax Act 1984 s25).
The scope of relevant bodies is set out in Sch 3 of this Act.
National Savings Part of the Treasury which sells investment, savings and deposit
products to the public to raise extra finance for the government. Before
1969, it was known as Post Office Savings Department.
The products are designed as safe investments for medium to long-
term vehicles and are sold at post offices.
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National Transit A procedure for moving goods under customs control when import or
export formalities are carried out away from the place of importation or
exportation, and the movement does not involve another European
Union Member State. Also known as UK Transit.
natural gas Combustible gas which is found naturally in the earth, as against
producer gas which is created by a process.
Natural gas is primarily methane. It is found either in oilfields,
where it is known as associated gas, or in fields of its own, known as
non-associated gas.
Natural gas requires processing which removes other gases such as
ethane, propane and butane. As natural gas is tasteless and odourless,
small amounts of odorant are added to warn people of gas leaks and gas
escapes.
On its own, natural gas is normally harmless to the human body
unless it explodes or asphyxiates.
natural justice Rules and procedures that must be followed by any court, tribunal or
other body charged with adjudicating the rights of others. A decision
may be set aside if these rules or procedures have not been followed.
The principles of natural justice include a duty:
• to act fairly, in good faith, without bias, and in a judicial
temper;
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natural law The law of nature, seen as the emanation of divine providence.
natural love and affection Term often used in legal gifts to close relations. They are said to be in
“consideration” for the natural love and affection of the donor to the
done.
Such donations are not usually tax deductible. Any business loans
between close relations may be examined to see if they are disallowed.
The matter is discussed in the Inspectors’ Manual at BIM37970.
nature and nurture Term commonly used for discussions on how far personality is
hereditary (nature) and how much is acquired (nurture).
nature conservation “The conservation of flora and fauna and geological and
physiographical features” (Commons Act 2006 s 61(1)).
nautical mile Imperial measure of length used at sea. Since 1970, it has been
defined as 1,852 metres. Previously it was 1,853.184 metres which is
the equivalent of 6,080 feet or 1.056 miles.
NatWest One of the Big Four banks in UK. It has been owned by the Royal
Bank of Scotland since 2000.
The bank was formed in 1968 by the merger of the Westminster
Bank and National Provincial Bank, both of which were themselves
mergers of other banks. The oldest bank which formed part of NatWest
was Smiths of Nottingham, formed in 1650.
The company adopted a logo of three chevrons in a triangle to
indicate both the circulation of money, and the three banks which
formed the new bank. (The third was the District Bank which National
Provincial took over in 1962.)
NatWest three Name given to three officials from NatWest Bank: Gary Mulgrew,
David Bermingham and Giles Darby. They were extradited to the USA
on 18 July 2005 to face fraud charges relating to the collapse of Enron.
They were each jailed for 37 months on 22 February 2008.
The extradition was controversial and attracted much protest as it
was under a treaty which does not provide the usual safeguards of a first
hearing in a UK court before extradition.
navigation aid In computing, facilities provided on a website to assist the user to find
the desired page.
Nazi compensation Compensation paid in respect of suffering at the hands of the Nazi
government of Germany (1933-1945).
Originally such payments were only tax-free if paid by the German
or Austrian government and were tax-free under their laws. The scope
was gradually widened, many decades after the event:
● 6 April 1986: the requirement for the payment to be exempt
under German or Austrian law was abolished;
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NC Nomenclature Committee.
ND North Dakota.
nearest relative Person who is most closely related to a person for whom an application
may be made under Mental Health Acts 1983 and 2007.
Such a person may be asked to act for the patient, in which case
they become the acting nearest relative.
necessaries “Goods suitable to the condition of life of the... person concerned and to
his actual requirements at the time of the sale” (Sale of Goods Act 1979
s3(3)).
Under contract law, someone who otherwise lacks capacity to
contract may be required to pay a reasonable price for necessaries.
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negative carry Situation where the cost of finance is greater than the return on an
investment.
negative cash flow Situation where an organisation’s expenditure is greater than its
income.
negative equity When the amount owed in a mortgage or other secured loan is less than
the value of the secured asset.
negative goodwill When the amount paid to acquire a business is less than the value of net
assets.
negative taxation When the rate of taxation is such that a person receives a benefit rather
than make a payment.
Although negative taxation has often been considered as a means of
integrating taxation with social security, the problems of harmonising
two different objectives and establishing realistic rates have always led
to such plans being abandoned.
Despite this, there are some elements of negative taxation in the UK
system, particularly the enhanced research and development tax
credits and capital allowances which can exceed 100%.
negative yield curve Situation where the return on a long-term investment is less than that on
a short-term investment.
negativity Human resources term for the feeling and expression of unhappiness in
any area of life. In the workplace, it can lead to low productivity,
absenteeism and dissent.
Negativity usually arises from a loss of one of confidence, control
or community. Identifying the cause is the first step to addressing the
problem.
negligence Carelessness that leads to loss or injury to someone else. To sue for
negligence it is necessary to prove:
• that a duty of care was owed and not excluded,
• that this duty of care was not met, and
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• that loss was suffered as a consequence, and that loss was not too
remote from the carelessness.
negligent misrepresentation
Misrepresentation which falls between fraudulent misrepresentation
and innocent misrepresentation.
Historically, any misrepresentation which was not fraudulent was
considered innocent. This changed with the House of Lords’ decision in
Hedley Byrne v Heller [1964] which held that a more serious view
could be taken when there was a special relationship between the
parties. This applies when one party has an expert of specialist
knowledge and is careless in making statements before a contract.
Misrepresentation Act 1967 distinguishes between negligent and
wholly innocent misrepresentation. For the former it prescribes the
same penalty as for fraudulent misrepresentation unless the person can
show that he had reasonable grounds for believing and did believe his
representation.
negligible value Term used in capital gains tax to describe shares and other securities
whose value is close to zero. The securities are usually ones quoted on
the London Stock Exchange. HMRC periodically publish lists of such
securities with the dates on which each security was so declared.
A taxpayer may treat negligible value as being a disposal and
acquisition for zero, usually triggering a capital loss. The taxpayer
must make an election within two years of the end of the accounting
period in which the security was so declared.
The relevant law is Taxation of Chargeable Gains Act 1992 s24(2).
negotiable instrument Document which can be exchange for cash, such as a promissory note
or bill of exchange.
nemo agit in seipsum Latin: no-one can take proceedings against himself.
nemo dat qui non habet Latin: no-one gives who possesses not.
nemo est haeres viventis Latin: no-one is the heir of anyone alive.
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nescit vox missa reverti Latin: a word published cannot be recalled (quote from Horace).
net asset restriction Restriction on a public company paying a dividend when the value of
its net assets is less than the aggregate of its called-up share capital and
its undistributable reserves, or where payment of the divided would
so reduce the value of its net assets (Companies Act 2006 s831).
There is no such restriction for a private company.
net asset value per share Value of a company’s assets less liabilities, divided by the number of
issued ordinary shares.
net assets Total assets minus total liabilities, as shown on the balance sheet.
For purposes of the net asset restriction, the term is defined as “the
aggregate of the company’s assets less the aggregate of its liabilities”
(Companies Act 2006 s831(2)).
net book value (NBV) Book value of a fixed asset from which accumulated depreciation
has been subtracted.
Suppose an asset is acquired for £1,000 and is depreciated over five
years on the straight line method. After two years, the accumulated
depreciation is £400, so the net book value is £600.
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The balance sheet records all fixed assets at their net book value.
net borrowings Amount an organisation has borrowed minus amounts of cash it holds.
net cash flow Difference between the amount of money coming in and money going
out of an organisation.
net cash investment In leasing, the amount invested in a lease at any moment in time.
net current liabilities Current liabilities of an organisation minus its current assets.
net debt Borrowings of an entity, including sums owed on derivatives and under
finance leases (FRS 4).
net dividend per share Dividend per share after deductions for income tax.
net division approach Method of apportioning an estate when the residue of the estate is
shared between exempt and non-exempt beneficiaries (such as a
charity) so that they each receive the same net figure after deducting
inheritance tax. This can require double grossing up. The matter was
considered in the case re Ratcliffe [1999] STC 262.
net investment (1) In accounting, the effective equity stake an organisation has in a
foreign enterprise (SSAP 20).
(2) In economics, where companies buy new machinery or equipment.
It is this type of investment that actually adds to the capital stock of the
economy.
net liquid funds Organisation’s cash plus marketable investments, minus its short-term
borrowings.
net loss Loss after deducting overheads, expenses, depreciation and tax.
net margin Difference between sales price and total cost of an item, including its
share of overheads. The difference is usually expressed as a percentage,
but may be expressed as an amount.
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net off Process of deducting a liability from an asset and showing a single
figure as an asset or liability. For example if A owes B £6,000, and B
owes A £4,000, they could agree to net off these transactions and settle
them by A paying B £2,000.
For the accounting requirements see offset.
net pay Pay after tax and national insurance has been deducted.
Further adjustments may be made to produce take-home pay.
net present value (NPV) Value of future cashflows reduced by factors to represent inflation. The
method of calculation is known as discounted cash flow.
net present value rule Treasury management rule of thumb which states that a person or
business should only invest in something which produces a net present
value, in other words where the return more than compensates for
opportunity cost of capital.
net proceeds “The fair value of the consideration received on the issue of a capital
instrument after deduction of issue costs” (FRS 4 para 11).
net profit Turnover minus cost of sales and expenses (or overheads).
Alternatively net profit may be defined as gross profit minus expenses.
Net profit is further distinguished as net profit before tax and net
profit after tax.
net profit after tax Net profit from which income tax or corporation tax has been
deducted.
net profit before tax Net profit before income tax or corporation tax has been deducted.
net profit ratio Ratio of an organisation’s net profit to its net sales.
This ratio may be compared with organisation’s of similar size and
activity to see which are the most efficient.
net realisable value Proceeds of selling an item, less the costs of selling.
net receipts Amount of money received after deductions for the cost of collection.
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net residual value (NRV) Expected proceeds from disposing of an asset at the end of its life, less
the cost of disposing of it. Disposal may be by sale or salvage.
If an asset has an NRV, depreciation is calculated on the difference
between acquisition cost and NRV. For example, a press cost £1,000
and is expected to be disposed of for £100 after five years. The
depreciation charge for the five years is £900. On the straight line basis,
that is £180 per year.
net salary Salary after deduction of tax, national insurance and other permitted
deductions.
net sales Value of sales less returns from customers, discounts, commission and
similar expenses of sales.
net spending The cost of providing a service after allowing for specific grants and
other income from fees and charges (i.e. not including Council Tax and
money from the Government).
netting Traders approved for duty deferment must also be approved to set off
drawback and certain other repayments of excise duty against the duty
due from them under the deferment arrangements. This set-off
procedure is known as netting.
netting off process where expenditure is deducted from matching income, such as
showing only the profit from magazine sales rather than separate
figures for magazine sales and magazine costs. In general, figures
should not be netted off.
net turnover Income from turnover or sales, after discounts have been subtracted,
and excluding VAT.
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net worth How much a person or organisation is worth. It represents how much
they own minus how much they owe.
net yield Profit from investments less tax, expressed as a percentage of the value
of the investments.
neutral One of the five requirements for accounts to meet the requirement for
reliability. This in turn is one of the four requirements for accounting
information required by Statement of Principles.
Accounts are neutral if they are free from deliberate or systematic
bias, such as presenting the accounts to resist a takeover bid or to assist
in raising finance. In practice, it can be difficult to differentiate between
deliberate bias and undue optimism.
neutral citation Citation for law reports that is given by the courts themselves and not
by the publishers of law reports. These citations were introduced in
2001 for the House of Lords (now Supreme Court), Court of Appeal
and Privy Council. They were extended to the High Court in 2002.
Such cases can be accessed on the bailii website free.
new adult Term used by Passport Office for a person applying for their first
passport since reaching the age of 16.
new annuity In relation to the taxation of general annuity businesses, “means any
annuity, so far as paid under a contract made by an insurance company
in an accounting period beginning on or after 1st January 1992 and so
far as referable to the company’s basic life assurance and general
annuity business” (Income and Corporation Taxes Act 1988 s437(1C)).
newborn child Child born alive, or stillborn after 24 weeks of pregnancy. Ordinary
statutory paternity pay may be claimed for such a child (Social
Security Contributions and Benefits Act 1992 s171ZA(5)).
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new business Commercial activity that did not previously exist. Sometimes short-
term tax reliefs are provided for a new business.
In relation to the national insurance holiday provided in 2010,
new business is defined in National Insurance Contributions Act 2011
s5. It excludes a business started by the same person within six months
of discontinuing an old business in the same activities.
Newco Term sometimes used in tax cases to mean a new company that has a
similar name to an old company (called Oldco), such as in a takeover or
restructuring.
new code Superannuation fund that was originally approved before 1970 and
which has been re-approved as a registered pension scheme from 6
April 2006.
new consideration Payment or other consideration for a normal commercial loan. The
term is used in Corporation Tax Act 2010 s162(1).
New Deal Government scheme introduced in 1998 to assist people back into work.
It became nationwide for all age groups from June 1998 having being
more restricted previously.
The scheme provides tax-free payments to participants.
new duties In relation to relocation expenses, the term is defined in Income Tax
(Earnings and Pensions) Act 2003 s281(6).
New Export System Electronic system for disclosing export details to Customs officers at
HMRC. It was renamed National Export System in 2007.
new issue Issue of shares which creates additional capital for a business, unlike a
bonus issue.
new issues department Department of a bank which deals with issues of new shares.
new media Digital media such as CD-Rom, websites, broadcast e-mail and web
casting.
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new name Term used by Passport Office for the first passport to be issued to a
person since they changed their name.
new oil Oil after it has been charged under Hydrocarbon Oil Duties Act 1979
s6, as oil of one description becomes oil of a different description as a
result of approved mixing in a pipeline with other oil which has been
charged with duty.
new or expectant mother Term used in health and safety regulations for a female employee who:
● is pregnant;
● is breastfeeding; or
● has given birth in the last six months.
The employer must make an assessment of how employment conditions
affect such an employee.
new pence The divisions of a pound from when the UK switched to decimal
currency on 15 February 1971. There are 100 new pence to the pound,
as against 240 old pence in the pre-decimal system.
The word “new” was officially dropped in 1982.
Newsom v Robertson Leading case on the disallowance of travel expenses to a place of work.
The full citation is Newsom v Robertson [1952] 33TC452. The case is
discussed in the Inspectors’ Manual at BIM37935.
Newslink Financial News agency. From 2 April 2002, it is one of five news agencies
authorised by Financial Services Authority to make announcements
about listed companies.
newspaper advertisements
These were zero-rated for VAT before 1 May 1985. They are now
standard-rated.
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new shares Term used in tax law and elsewhere to mean a share which replaces an
existing share in a company reconstruction.
next annual return Term used in Companies Act 2006 s410(3) to mean the return after the
current one. The term is used when the directors have used alternative
compliance with regard to not producing an excessively long list of
related undertakings. Such a list must be produced in the next annual
return.
next of kin Nearest blood relative. This is reckoned in degrees, so from parent to
child (or vice versa) is one degree, to a grandparent or grandson is two
degrees.
Under Statute of Distribution 1671, an intestate’s estate was
distribited to next of kin. This was repealed in 1925.
NHS foundation trust “A public benefit corporation which is authorised... to provide goods
and services for the purposes of the health service in England” (Health
and Social Care (Community Health and Standards) Act 2003 s1).
NHS hospital trust Form of NHS trust which looks after National Health Service hospitals
for a defined area. In England there are 290 NHS hospital trusts looking
after 1600 hospitals.
NHS trust Organisation in the National Health Service which oversees health care
in a defined area or in a defined speciality for an area. The commonest
forms are primary care trusts (PCTs) and NHS hospital trusts. There
are other types of NHS trust for areas such as the ambulance service
and mental health care.
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NIC settlement return An arrangement to pay national insurance in respect of tax equalised
employees from overseas. This is known as an Appendix 7A
arrangement.
Nicotania Genus of tobacco plants. Tobacco duty is payable on the cured leaves
of any plant in this genus, and on any product designed to imitate such
leaves.
night For Customs purposes “means the period between 11pm and 5am”
(Customs and Excise Management Act 1979 s1(1)).
night safe Safe in the outside wall of a bank in which customers may deposit their
takings.
Nikkei Most widely used Japanese share index as published in its newspaper
Nihon Keizai Shimbun since 7 September 1950. It measures Japanese
share prices of the 225 leading companies.
nil band Slice of estate that is excluded from inheritance tax. The amount was
set at £325,000 from 6 April 2010. If the transferor has inherited from a
former spouse or civil partner, the nil band may be increased by up to
100% under the transfer of unused nil-band provisions.
Inheritance Tax Act 1984 s8 requires the nil band to be indexed
unless Parliament decides otherwise, which it has done frequently.
nil cash benefit Term used in Income Tax (Earnings and Pensions) Act 2003 s151 when
an employee is not assessed to income tax on the value of road fuel
provided for a company car because either:
• the car may only be used for business, or
• the employee is required to refund the cost of fuel used for
private journeys.
nil paid shares Shares for which the shareholders have yet to make any payment.
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nil-rate band maximum Term used in Inheritance Tax Act 1984 s8A(7) to mean the maximum
amount by which the nil band may be increased under the transfer of
unused nil-band provisions. The maximum is 100% of the band
applicable on the transferor’s death.
nil return Any return which reports an amount of zero for the period.
nine-eleven The term now widely used for the terrorist attack on 11 September 2001
when two aeroplanes were flown into the twin towers of the World
Trade Center in New York.
Coincidentally, nine-eleven is also the emergency telephone number
in USA, the equivalent to 999 in the UK.
ninja loan Colloquialism for a loan given to a person with no income or assets and
who is therefore unlikely ever to repay it. Such loans are made by
companies desperate to increase their lending figures.
nisi prius Latin: unless before. A term once used in writs for a sheriff to bring an
accused to Westminster on a certain day unless a judge holds unless
before that day, a judge holds an assize in that county.
NLJ New Law Journal. This is used as a citation for law reports from 1965.
no extended tie in Term in a mortgage which means that, at the end of a fixed capped or
discounted rate period, the borrower does not have to pay an early
redemption charge to pay off the mortgage early.
no gain/no loss basis For capital gains tax, a disposal which is regarded as creating neither a
taxable gain nor an allowable loss. The law is Taxation of Chargeable
Gains Act 1992 s56.
no-limit Gambling term for a game that allows a player to bet all his chips at any
betting round.
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nominal interest rate Rate of interest which is quoted and often used in calculations, but
which needs to be converted to an APR or equivalent to make it
comparable.
nominal ledger Where debit and credit balances are recorded from books of prime
entry, and from where the trial balance is extracted.
nominal owner Person who is identified as the owner of an asset, but who may hold it
as a trustee or steward for someone else, known as the beneficial
owner.
nominal share capital Total value of the shares a company is allowed to issue under its
memorandum of association.
nominal trust fund Trust which contains a small amount of funds solely for the purpose of
establishing the trust.
The law does not allow a trust to be created unless it owns property.
The amount is often £10. The trust awaits the receipt of the substantive
trust fund.
Nominal trust funds are often encountered in inheritance tax where
they are created to receive funds on a settlor’s death.
nominal value Amount stated on a share certificate as the value of the share when first
issued.
nominal value The value which must be ascribed to each share of a UK company
(Companies Act 2006 s542(1)).
nominated asset Asset that can be transferred on death to a beneficiary nominated by the
deceased. Such a transfer takes effect outside the will or intestacy
provisions.
The assets are mainly small savings products, such as National
Savings bank accounts, National Savings certificates and deposits with
friendly societies.
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The value of such assets are still part of the deceased’s estate and
may therefore affect the amount of inheritance tax payable.
nominated date For pensions, term used in a money purchase arrangement other than a
cash balance arrangement.
It is such date as the individual or scheme administrator nominates,
or in the case of any other arrangement, such date as the scheme
administrator nominates.
nominee account Account held in one person’s name but for the benefit of another,
known as the beneficial owner.
nominee shareholder Person who is registered as the holder of shares but who may hold them
for the benefit of another.
Under Taxes Management Act 1970 s26, a shareholder may be
required by HMRC to state whether he is the beneficial owner of the
shares.
nominis umbra Latin: shadow of a name. Term used for a one-man company.
non-acceptance (1) Refusal to accept something. Sale of Goods Act 1979 s50 explains
the consequence of non-acceptance of goods.
(2) When a holder of a bill of exchange is not accepted for payment
when presented within the customary time.
The non-acceptance of a bill constitutes its being dishonoured
(Bills of Exchange Act 1882 s43(1)). Such dishonouring creates an
immediate right of recourse to the drawer of the bill (s43(2)).
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non-adjusting event Post-balance sheet event that relates to circumstances that did not exist
at the date of the balance sheet (SSAP 17).
non-advanced education Education at a level below the highest level. The term is relevant for
claiming social security benefits. For example, child benefit may be
claimable for a young person in non-advanced education but is not
claimable for a young person in advanced education.
Non-advanced education includes GCSEs, A-levels and AS levels,
NVQ level 3 and below, National Diploma or Ordinary National
Diploma and Scottish equivalents.
non aliter a significatione verborum recedi oportet quam cum manifestum est aliund senisse
testatotum
Latin: there should be no departure from the ordinary meaning of words
except in so far as it appears that the testator meant something different.
This is the legal basis under which wills are interpreted.
non-Annex I goods Products which result from the processing of basic products and which,
although they are not included in the products listed in Annex I to the
Treaty of Rome, are eligible for refund or duty in respect of the basic
products used in their manufacture.
non assumpsit Latin: he did not promise. The defence to an action for assumpsit.
non-audit services Term sometimes used to mean services other than auditing provided by
an auditor to a limited company. Such services must be disclosed by the
company under Companies Act 2006 s494.
non-business activities An activity that is not predominantly concerned with the making of a
supply for a consideration.
non-business day For purposes of bills of exchange, cheques and promissory notes:
“(a) Saturday, Sunday, Good Friday, Christmas Day;
(b) A bank holiday under the Banking and Financial Dealings Act
1971;
(c) A day appointed by a Royal proclamation as a public fast or
thanksgiving day;
(d) A day declared by an order under section 2 of the Banking and
Financial Dealings Act 1971 to be a non-business day”.
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non-business use Personal use or any use other than for the business.
The term is relevant in taxation, as assets acquired for a non-
business use, such as for a director’s home, are not tax-deductible.
non-cash item Item in the accounts which is regarded as an income or expense but
does not represent any cash transaction for that year. An example is
depreciation.
non-cash voucher For the purposes of determining the tax on benefits in kind, means:
“(a) a voucher, stamp or similar document or token which is
capable of being exchanged for money, goods or services,
(b) a childcare voucher,
(c) a transport voucher, or
(d) a cheque voucher.”
(Income Tax (Earnings and Pensions) Act 2003 s84(1)).
When provided for an exempt benefit, the exemption is provided by
ibid s266.
non cepit modo et forma Latin: he did not take in the manner and form [alleged].
non-certificated bailiff Person who can collect money but whose powers to seize goods are
limited.
non-commercial society Term used in Gambling Act 2005 s19 to describe a charity, sports or
arts body or other non-commercial body. This description exempts the
body from some of the requirements of the Act, which allows churches
and charities to run raffles and tombolas, provided there is no private
gain.
non-community Description of goods that are not of European Union (EU) origin nor
imported goods which have not been released into free circulation.
non-community goods Goods which are not of European Union (EU) origin nor imported
goods which have not been released into free circulation.
non-conforming loan American term for a mortgage loan which does not correspond to US
federal government guidelines.
non-contributory benefit Social security benefit where entitlement does not depend on how much
national insurance has been paid.
non-current assets Any asset that does not meet the definition of a current asset. Also
described as fixed assets.
non-current liabilities Any liability that does not meet the definition of a current liability.
Also described as long-term liabilities.
non-delivery Where something is not delivered which should have been. Sale of
Goods Act 1979 s51 allows for damages for non-delivery of sold goods.
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non-discrimination notice Notice issued under Sex Discrimination Act 1975 s67 requiring a
person to end a practice of unlawful discrimination.
non-distributed costs Past service pension costs including settlements and curtailments which
are not to be included in total individual service costs.
non-driving conduct Rules which relate to drivers of large goods vehicles and passenger
carrying vehicles but which do not relate to driving conduct.
Non-driving conduct includes all offences which are not spent
under Rehabilitation of Offenders Act 1974. If any conviction is
disclosed, DVLA considers whether a licence may be issued.
non-essential assets In Scotland, “corporeal moveable property of the debtor’s which is kept
in a dwellinghouse” (Debt Arrangement and Attachment (Scotland) Act
2002 Sch 2 para 1).
The Schedule then lists those assets which may not be taken in
satisfaction of a debt.
non est factum Latin: it is not his deed. An old common law defence which excused a
person from being bound from a document he signed but was ignorant
of its contents.
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non est investus Latin: he has not been found. The return a sheriff makes when he
cannot find a person he is required to arrest.
non-excludability Principle that once goods are provided, it is impossible to stop people
consuming them, even if they have not paid for them.
non-executive director Director of a company but who is not involved in its day-to-day
management.
Cadbury Report of 1992 recommended that all listed companies
should have non-executive directors to provide independent judgment
on strategy, performance and standards of conduct.
non-food additives Term used in VAT notice 701/14 for such products as “bicarbonate of
soda, saltpetre and other single chemicals for use in brining or other
processing of meats or fish”. They are standard-rated.
non-group life policy Policy of insurance under which the only benefits which may become
payable are benefits payable in consequence, or anticipation of: the
death of the individual or the death of one of a group of individuals
which includes the individual (e.g. a policy which covers a number of
individuals but only pays a benefit out on the first death or last
survivor’ death) or the deaths of more than one of a group of
individuals (e.g. a policy which pays a benefit out on the death of each
of the individuals) where the group includes the individual, and the
other members of the group are connected with the individual in
accordance with section 195A(8) FA 2004.
non-large company Company that does not have to pay corporation tax in instalments.
non-mechanical line Assembly line where components do not move on conveyor belt but are
fetched by the assemblers.
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non-money earnings Term used in Income Tax (Earnings and Pensions) Act 2003 s19 to
mean benefits in kind and similar reward for employment other than
money earnings.
non-participating funds Term used in Income and Corporation Taxes Act 1988 s432C in
relation to determining the tax liability of life assurance companies.
non-performing loan American term for a loan where there is no expectation that either the
principal or any interest will be paid. The term is particularly used for
loans to poor countries.
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non-priority debt Debt whose non-payment does not have immediate serious
consequences for the debtor.
non-profit-making Description of an organisation that “does not carry on a trade and its
functions do not consist wholly or mainly in the holding of investments
or other property” (Income Tax (Earnings and Pensions) Act 2003
s99(4)).
In relation to the taxation of a director of such a company “means
that —
(a) the company does not carry on a trade, and
(b) its functions do not consist wholly or mainly in the holding
of investments or other property” (Income Tax (Earnings and Pensions)
Act 2003 s223(8)).
For VAT, “we consider, when judging whether an organisation is
non-profit-making, the objects for which an organisation has been
established, as distinct from the financial policy being pursued.
Although the organisation may generate income surpluses from various
activities, we will not refuse recognition as a non-profit-making
organisation simply because these surpluses subsidise other activities. If
a body has a constitution or articles of association that bars it from
distributing surpluses of income over expenditure to its members,
shareholders or any other party, other than in the event of a liquidation
or cessation of activites, we normally accept it as non-profit-making for
the purposes of this exemption. However, the existence of any
provision barring distribution will not necessarily be the sole factor in
determining whether an organisation is non-profit-making” (VAT
notice 701/5).
non-profits fund In relation to taxation of insurance companies, means “a fund that is not
a with-profits fund” (Income and Corporation Taxes Act 1988 s431(2)).
There are many specific tax provisions in the sections that follow.
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non prosequitur Latin: he does not follow up. An old ground for striking out a legal
claim.
non-recurring item Items which appear in a set of accounts but are not expected to appear
again.
non refert quid notum sit judici, si notum non sit in forma judicii
Latin: it matters not what is known to the judge, if it be not known
judicially.
non-reliance letter Letter indemnifying an auditor or other professional adviser from any
legal action in connection with information provided by the auditor or
adviser.
The auditor will usually draft the letter and required it to be signed
before releasing the information.
In tax, HMRC has not indicated whether it will accept such a letter
as part of an Independent Business Review when a taxpayer seeks a
Time to Pay arrangement for a sum greater than £1 million.
non-resident group Group of companies none of which are UK resident. If a group contains
resident and at least two non-resident companies, the non-resident
companies comprise a non-resident group (Taxation of Chargeable
Gains Act 1992 s14(4)).
non-resident parent Parent who does not live with the child and who usually makes
payments to the other parent, known as the parent with care.
Before 18 January 2001, a non-resident parent was known as an
absent parent.
non-resident period Period for which a migrating settlement was not UK resident
(Taxation of Chargeable Gains Act 1992 s89).
non-rivalry Economic term for when consumption by one person does not reduce
the amount available for others.
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non-standard accessory In the context of company cars for tax purposes, any accessory which is
not a standard accessory (Income Tax (Earnings and Pensions) Act
2003 s125(4)).
non-statutory accounts In company law, a balance sheet and profit and loss account for a
financial year which is other than as required as part of the statutory
accounts (Companies Act 2006 s435(3)).
non-tariff barrier (NTB) Any barrier to international trade other than Customs duty or an
outright ban. Examples include excessive documentation, excessive
compliance with health and safety regulations and requirements to pay
in an expensive currency.
non-taxable person For VAT, person who is not registered. Such a person may be an
individual, an unregistered business, a charity or a public body.
Supplies to such a person in another EU member state must bear VAT
as if the person was UK-resident.
non-trade creditor Creditor who is owed money other than as a supplier. Examples include
the tax authorities and holders of preference shares.
non-trading income Interest paid by a company on loans that do not fund the business. Such
interest is not tax-deductible under the loan relationship rules of
Corporation Tax Act 2009 Part 5.
non-trading partnership Partnership formed for a person other than to trade. Examples include
partnerships formed to hold property or make investments.
non-trading receipts Income of a business other than from its trading activities. Such income
can include sale of assets, issue of shares, loans and compensation.
For tax purposes, such receipts are excluded from trading income,
though they may be taxed under other provisions.
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non-transferable cheque Cheque which cannot be indorsed to another payee. This is achieved by
writing ‘account payee only’ or ‘a/c payee only’ on the face of the
cheque (Bills of Exchange Act 1882 s81A).
non-UK profits Term used in Corporation Tax Act 2010 s108 in relation to restrictions
on loss relief.
non-UK tax In relation to corporation tax and group relief, “means a tax chargeable
under the law of a territory outside the United Kingdom which —
(a) is charged on income and corresponds to United Kingdom
income tax, or
(b) is charged on income or chargeable gains or both and
corresponds to United Kingdom corporation tax”
(Corporation Tax Act 2010 s187).
non-voting share Ordinary share but where the shareholder is not allowed to vote.
normal car For income tax on employment income, the car normally provided to an
employee, as against a replacement car (Income Tax (Earnings and
Pensions) Act 2003 s145(1)).
normal commercial loan For corporation tax, this term is used in relation to the taxation of
distributions. It is defined in Corporation Tax Act 2010 s162. Such a
loan must be for new consideration and must meet four conditions.
normal employee costs Expenses normally paid to an employee, such as remuneration, sick
pay, holiday pay and redundancy pay.
Such expenses are tax deductible even when paid in circumstances
that would otherwise make them non-deductible, such as on cessation
of business. This matter is discussed in the Inspectors’ Manual at
BIM38315.
normal home “Where you usually live. For Customs purposes, that is where you
spend at least 185 days in a period of 12 months, because of your work
and personal connections. But if:
• you have no work connections; or
• your work and personal connections are in different countries,
then your normal home s where your personal connections are.
“However, if you are a UK citizen working outside the EC, ‘normal
home’ can mean where you are working, even if your personal
connections are in the UK. You must have live, or have lived there, for
at least 185 days in a 12 month period” (Customs notice 3).
The note adds that normal home is “not necessarily the country in
which you were born or hold citizenship”.
normal loss Loss which one expects to make in an activity, such as material wasted
in manufacture.
normally resident For tax, where at least 185 days has been spent in the last twelve
months for work and personal connections. If there are no work
connections, or work and personal connections are in different
countries, then this is usually considered to be resident in the country
where the personal connections are.
from one charity to another. Provided the other charity pays no more
than the employee’s normal remuneration, there is no business supply
of staff.
normal rules Term used in VAT leaflets meaning that the usual rules of VAT apply
in one area of a situation where particular rules apply elsewhere. For
example, VAT notice 725 gives the particular rules that apply for
exported and removed goods but notes that the normal rules apply for
reclaiming input tax.
normal selling price In relation to VAT on investment gold coins, the price that may be
commanded for a particular coin (VAT notice 701/12A).
Provided that coins of that kind are sold for no more than 180% of
their gold value, a specific coin may still be regarded as an investment
coin even if sold for more because of a special factor for a particular
coin, such as being from a rare year.
Northcote, Stafford English Conservative politician (1818-1887) who was Chancellor of the
Exchequer from 21 February 1874 to 21 April 1880.
Northern Ireland One of the four countries of the United Kingdom. It comprises six
counties on the north of the Ireland. It has been a distinct part of the UK
since 3 May 1921 under Government of Ireland Act 1920.
Various attempts to establish a measure of independent government
failed until the Northern Ireland Executive and Northern Ireland
Assembly were established in 1998.
Northern Ireland is generally governed by its own laws which tend
to mirror the law in England and Wales. Tax rates are the same as for
the UK. Various tax provisions give Northern Ireland tax advantages.
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Northern Ireland union “Trade union whose principal office is situated in Northern Ireland”
(Trade Union and Labour Relations (Consolidation) Act 1992 s120).
Northern Rock British bank that failed in 2007, having converted from a building
society in 1997. It led to the first run on a British bank for more than
150 years. It was bailed out by the government. The tax consequences
are set out in SI 2009 No 3227.
noscitur a sociis Latin: the meaning of a word can be gathered from the context.
no smoke without fire Idiom meaning that there must be some truth in any scandal or rumour.
The expression is as untrue metaphorically as it is literally.
notary public Lawyer who has authority to witness documents and spoken statements,
usually for a fee. Most solicitors are notaries public.
accounts.
note issuance facility Credit facility where a company gets a loan underwritten by a bank
against which the company may issue a series a short-term notes to
replace those which have expired. Such notes are usually in euros.
note of hand Document which states that someone promises to repay a sum of money
by a stated date.
notes to the accounts Information in financial statements that gives more detail about items in
the financial statements.
Accounts, particularly balance sheet and profit and loss account,
have numbers against them that cross-reference the figure to more
explanation, sometimes in the form of further accounting information.
Such notes form part of the accounts, and may contain any of the
statutory information required under company law (Companies Act
2006 s472).
not for profit body “A body which, by or by virtue of its constitution or any enactment:
(a) is required (after payment of outgoings) to apply the whole of its
income, and any capital which it expends, for charitable or public
purposes, and
(b) is prohibited from directly or indirectly distributing amongst its
members any part of its assets (otherwise than for charitable or public
purposes)” (Legal Services Act 2007 s207(1)).
nothing to declare Old term for the Customs procedure when someone arrives with no
goods that are prohibited, restricted or subject to duty. The procedure is
now replaced by the green channel for travellers from outside the EU,
and blue channel for travellers from within the EU.
notice of appeal Notice issued by one party stating that he intends to appeal against a
decision by the other party.
In particular, the term is used when a taxpayer contests a tax
assessment or a tax code. The procedure is given in Taxes Management
Act 1970 s31A.
The main conditions of such a notice is that it must be in writing
and sent within 30 days to the HMRC officer who issued the contested
assessment or code.
notice of assessment Original term for a tax assessment. When PAYE was first introduced
in 1943, such a notice was sent after the year-end.
notice of coding Notice which informs a person of a code that has been issued. The term
often applies to the P2 form from HMRC advising an employee of a tax
code.
notice of correction Document sent to an individual or trust when HMRC has corrected
“obvious errors or omissions” in a personal return or trustee’s return.
The procedure is set out in Taxes Management Act 1970 s9ZB.
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The notice has the effect of amending the tax return as stated unless
the taxpayer sends a notice of rejection within 30 days.
notice of determination Notice that a matter in dispute has now been determined by an
appropriate authority.
There are various provisions where such a notice may be issued by
HMRC.
notice of enquiry Notice sent by HMRC to a taxpayer saying that it intends to enquire
into an aspect of a tax return. The procedure is set out in Taxes
Management Act 1970 s9A.
A notice of enquiry to a partnership is issued under Taxes
Management Act 1970s12AC.
Generally, HMRC has a time limit for such notices. If the tax return
was submitted on time, the notice of enquiry must be sent within 12
months after the day the return was delivered.
notice of rejection Notice sent by an individual or trust to HMRC refusing to accept its
notice of correction of an error in a tax return.
The notice of rejection must be sent within 30 days. It has the effect
of cancelling the notice of correction. This provision is set out in Taxes
Management Act 1970 s9ZB(4)-(5).
notice period The length of time an employer or employee must give the other when
intending to end an employment. There are statutory minimum notice
periods.
notice to quit Notice served by a landlord on a tenant requiring the latter to vacate
land or premises. There are strict rules on when such a notice is valid.
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noting or protesting a bill Process which may be followed if a bill of exchange is not honoured
(Bills of Exchange Act 1882 s51). A bill may be protested for non-
acceptance and subsequently protested for non-payment. Any protesting
must be done on the day of non-acceptance or the following business
day.
notional benefit The benefit a person is deemed to enjoy, such as the benefit of an
employee who has a company car.
In tax, the term usually refers to a method to approximate a benefit
that cannot otherwise be readily quantified.
notional earnings cap Amount the pensions earnings cap would have been if the pensions cap
were still law. The pensions cap was abolished as part of the pensions
reform of 2006. Pension schemes were given a five-year transitional
period to change to the new system. The notional cap was produced to
assist in the changeover. The last published figure was £123,600 for
2010/11.
notional income Benefit which can be recognised but not easily expressed as an amount
of money.
For discretionary trusts, notional income can include premiums
treated as rent, profits on sale of certificates of deposit, and gains from
disposals of offshore funds.
notional payment For national insurance, payment that an employee is treated as having
made when earnings exceed the lower earnings limit but where no
national insurance has actually been paid because the earnings threshold
has not been reached (Social Security Contributions and Benefits Act
1992 s6A).
For income tax on earnings, means a sum regarded as pay though
not provided directly by the employer (Income Tax (Earnings and
Pensions) Act 2003 s222).
notional price Term used to determine the value of a company car when there is no
readily available list price. The procedure is broadly to use the list price
of an equivalent car. (Income Tax (Earnings and Pensions) Act 2003
s124(1)).
notional rent Sum which an organisation may set aside in its internal accounting
when it occupies premises it owns to represent the “rent” it pays itself.
notional replacement cost Method of stock valuation that is generally not accepted for tax
purposes (BSC Footwear Ltd v Ridgeway [1971] 47TC495). The matter
is discussed in the Inspectors’ Manual at BIM33125.
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1882 s8).
novation Agreement by which the two parties to a contract agree that one of them
shall be replaced by a new party. So a novation would allow A and B
both to agree that a contract between them may become a contract
between A and C.
novice Person who is new to an activity, particularly where the person intends
to make a career from that activity.
A company may sponsor a novice sportsman or performer. The
extent to which this is tax-deductible is discussed in the Inspectors’
Manual at BIM 42565. In particular, the fact that the sponsored person
is a novice does not itself disallow a tax deduction.
NOW account American term for an interest-bearing account with a bank where the
customer may issue cheque-like documents known as negotiable
orders of withdrawal.
NP Nisi prius.
NRB trust Any trust established not to waste a person’s nil rate band for
inheritance tax. Since October 2007, the need has reduced because of
the right to transfer allowances between spouses.
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NSWLR New South Wales Law Reports, published from 1880 to 1900, and from
1971.
NSWR New South Wales Reports, Australian law reports published from 1960
to 1970.
NT Tax code used in the PAYE system for taxing employees. The letters
stand for No Tax, which means that no tax is deducted.
This code usually applies when the person is exempt from tax, such
as having diplomatic immunity, or when another arrangement is in
place to collect the tax.
nulla bona Latin: no goods. This is the return made by a sheriff to seize goods
when he cannot find any.
nulla peona sine lego Latin: no punishment except in accordance with the law.
nullum simile est idem Latin: a thing which is similar to another thing is not the same as the
other thing.
number plate Combination of letters and numbers which indicate a specific vehicle.
The legal term is registration mark. The number plate must meet
certain conditions regarding size and colour.
numbercard Plastic card the size of a credit card which notifies a person of a
number, particularly the national insurance number which is notified
on such a card to individuals when they are 15 years and 9 months old.
numbered account Bank account which is identified only by a number, the identity of the
customer is withheld. Such accounts are common in Switzerland.
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nuncupative will Will made without writing. Such a will is valid if made by a serving
member of the armed forces.
nursing home This activity is excluded from the tax relief for venture capital trusts by
Income Tax Act 2007 s309. For this purpose s309(2) defines a nursing
home as “any establishment which exists wholly or mainly for the
provision of nursing care:
(a) for person suffering from sickness, injury or infirmity, or
(b) for women who are pregnant or have given birth”.
Expenses incurred in nursing a taxpayer back to health are
generally not tax deductible, according to Inspectors’ Manual at
BIM37950.
nuts These are zero-rated as food “if raw and unprocessed for human
consumption” or if “roasted or salted nuts in their shells, however
supplied bulk or retail” (VAT notice 701/14).
Nuts are standard-rated if shelled and either roasted or salted.
NYD Not yet diagnosed. Common abbreviation for sick notes (HMRC leaflet
E14).
NZBLC New Zealand Business Law Cases, law reports published from 1984.
NZCLC New Zealand Company Law Cases, law reports published from 1981.
O
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O (1) Tax code used before unified income tax was introduced in 1973. It
indicated that tax is in arrear and so must be deducted at the standard
rate less earned income relief.
(2) Order, as used in legal judgments.
obligating event Event that creates a legal or constructive obligation that results in a
person or organisation having no realistic alternative but to settle that
obligation (FRS 12).
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obscene material Material that is likely to corrupt those who read or watch it. Such
material must be more than just offensive or indecent.
Customs may seize any obscene or indecent material that a
traveller attempts to bring into the UK.
obscurum per obscurius Latin: explaining the obscure by the more obscure.
obsolescence Process by which stock loses value for reasons other than deterioration
in condition.
Reasons for obsolescence include changed fashion, discontinuance
of related products, alternative products and newly available cheaper
alternatives.
As stock is valued at the lower of cost and net realisable value,
obsolescent stock is usually written down to nil or to scrap value in the
balance sheet.
occupational immobility Economic term for when resources do not freely move from one
purpose to another. It is particularly a problem with labour as people
often find it difficult to switch rapidly from one job to another. This is
usually because their skills are very specific and they will need
retraining to be able to switch to a different job. It may therefore be a
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cause of unemployment.
occupational pension Pension which is funded by employees from either deductions from
their wages or contributions from the employer or both.
occupier A person who occupies a building but who may not own it. So a tenant
is an occupier.
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occupier’s liability Liability an occupier has for those who suffer injury while on the
premises. The liability arises from various laws including Occupiers’
Liability Acts of 1957 and 1984.
of course In law, means a step where the court has no discretion but to grant what
is applied for.
offal For VAT, offal sold for human consumption or for use in animal feeds
is zero-rated. Most other offal is standard-rated. Full details are given in
VAT notice 701/15.
off-balance sheet Accounting transactions which are kept outside the published accounts.
off-balance-sheet finance An arrangement to keep matching assets and liabilities away from the
entity's balance sheet.
offer document Formal document in which a company offers to buy shares held by
another, usually as part of a takeover bid.
offer for sale A company makes a general offer of its shares to the public.
offer period Period in which an offer applies, particularly to buy shares at a price
above market value to secure a takeover.
offer price Price at which a broker is prepared to sell shares. It is above his bride
price at which he will buy.
offering Statement that a person is willing to sell something, usually for a stated
price.
offering circular Document which provides information about a company whose shares
are being offered for sale for the first time.
offer to the public An offer of shares or other securities for purchase by members of the
public (Companies Act 2006 s756).
This is subject to many legal restrictions. In general, such an offer
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office attire Part of the dress code which is concerned with how people appear in
the office.
office copy Copy made by an officer appointed for such a person. The copy is
sealed or signed by that officer and is admissible as evidence.
office hours Hours when an office is either open to the public or may be contacted
by telephone.
Office Of Exit Normally the last customs office before the goods leave the customs
territory of the European Union.
Office Of Export The customs office where the export declaration is lodged.
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Offices Of Departure/Destination
Approved Customs offices where a Transports Internationaux
Routiers movement officially begins or ends. This may be at an Inland
Clearance Depot, port or airport.
office spouse Colloquialism for a colleague with whom one has a close relationship,
though usually a non-romantic one.
official agent “Means a person who is not a consul... but is employed on the staff of
—
(a) a consulate, or
(b) an official department or agency of a foreign state”
(Income Tax (Earnings and Pensions) Act 2003 s301(5)).
official exchange rate When a country dictates the rate at which its currency may be
exchanged.
Typically this is used for a blocked currency where the official
exchange rate is higher than is otherwise justified. In effect, the
government is imposing a penalty on outsiders who wish to trade with
it.
official industrial action Action which is taken after the statutory requirements of Trade Union
and Labour Relations (Consolidation) Act 1992 have been followed.
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Official List Daily publication of the London Stock Exchange recording the highest
and lowest prices recorded that day for each share and other security.
Official Property Holder Person appointed under Audit, Investigations and Community
Enterprise) Act 2004 s29 to hold property belonging to a community
interest company under the terms of Sch 5 of the Act. The office is a
corporation sole.
official rate of interest Rate periodically announced by the Treasury and used to determine the
value of employment-related loans and accommodation provided to
employees to the extent that they comprise a taxable benefit in kind.
The relevant law is Income Tax (Earnings and Pensions) Act 2003
s181.
Official Receiver Government officer who deals with a person who has become bankrupt
(Insolvency Act 1986 ss399-401).
official return Report that a person or business submits to a government body or other
authority.
official secrets Material that the government has declared as confidential, and for
which disclosure is a criminal offence.
Official Solicitor Person who is appointed to act as solicitor before the courts under
various enactments, particularly Supreme Court Act 1981 s90.
off-market purchase In company law, term used for when a company buys shares in itself
other than from a recognised stock market.
Generally this is prohibited under Companies Act 2006 s694.
offset When an asset and liability are netted off to show a single figure as an
asset or liability.
FRS 5 para 29 states that two items should not be offset where they
represent separate transactions. For example if A both sells £10,000 of
goods to B and buys £4,000 of goods from B, these transactions should
be respectively included in debtors and creditors for these amounts, and
not just as one debtor for £6,000.
An exception may be made when the reality is that the items will be
netted off. This requires three conditions to be met:
(a) the amounts are quantified, and either in the same currency
or in freely convertible currencies;
(b) the reporting entity has the right to insist on a net
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settlement; and
(c) the right to insist on a net settlement is beyond doubt.
offset method Method set out in accounting standard SSAP20 regarding foreign
exchange. The tax implications are discussed in the Inspectors’ Manual
at BIM39522.
offshore funds Collective investment funds that are based overseas, often in 'tax
havens' or other locations with particular tax advantages.
offshore installation Oilrig or similar. A full definition is in Income Tax Act 2007 s1001.
Travel expenses from the UK mainland to such an installation is
exempt from tax under Income Tax (Earnings and Pensions) Act 2003
s305.
For an employee to claim the seafarer’s earnings deduction (SED),
it is necessary that the seafarer does not work on an offshore
installation.
off-the-job training Training provided to employees other than at their place of work.
off the record Agreement between a journalist or other person that comments made
may not be quoted by the journalist nor may the source may be
identified. It is the opposite of an on the record conversation. There is
also a halfway house of non-attributable conversation or Chatham
House Rules that allows the information to be published, but the source
not identified.
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OFMDFM Office of the First Minister and deputy First Minister, in Northern
Ireland Assembly.
OG Original gravity, of beer. Customs notice 226 explains how this may
be used to calculate the alcoholic strength for beer duty.
Ohlin Report Report published in 1956 by Bertil Ohlin for the International Labour
Organization regarding labour policy in what became the European
Union. His theory was that high wage countries need no protection
from low wage countries as the different between wage rates is
reflected in productivity which in turn is reflected in exchange rates.
oil residues “Any waste consisting of, or arising from, oil or a mixture containing
oil” (Prevention of Pollution Act 1971 s29(1)).
old accessory In the context of taxing company cars, an existing part of a car which is
replaced by a new accessory.
old annuity contract In relation to taxation of annuity business, “means a general annuity
contract made by an insurance company in an accounting period
beginning before 1st January 1992 (including one forming part of the
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Old Cases payments For social security and national insurance, means “payments under Part
I or Part 11 of Schedule 8 to this Act” (Social Security Contributions
and Benefits Act 1992 s122(1)). These relate to employment before 5
July 1948.
Oldco Term often used in tax cases to describe an old company that has a
similar name to a new company (called newco) such as in a case
concerning a takeover or restructuring.
old code scheme Superannuation fund approved before 1970 which has not been re-
approved under later pension scheme legislation. Such schemes retain
their tax advantages, provided no further contributions have been made
since 5 April 1980.
The matter is discussed in the Inspectors’ Manual at
RPSM02100020.
old NAO Term used in Budget Responsibility and National Audit Act 2011 Sch 4
to refer to the National Audit Office established under National Audit
Act 1983 before the 2011 Act came into force.
old pence Term used to describe pence before the adoption of decimal currency
in 1971. There were 12 old pence to the shilling, and 20 shillings to the
pound, so there were 240 old pence to the pound. Under decimal
currency there are 100 new pence to the pound, so 1 new penny equals
2.4 old pennies.
The term “new pence” was officially dropped from coins in 1982.
old Scottish term days Before 13 June 1991, the four term days that correspond to English
quarter days. They were Candlemas (2 February), Whitsunday (15
May), Lammas (1 August), and Martinmas (11 November).
old shares Term used in tax law and elsewhere in the connection of a company
reconstruction. It means the shares which are replaced by new shares.
oligopsony When a small number of people control the demand or market for a
product or service.
Olympic Lottery Lottery which raises funds for the Olympic Games in London in 2012
(Horserace Betting and Olympic Lottery Act 2004 s21).
Olympic swimming pool Unofficial measure of volume. An Olympic pool is 50 metres (164 feet)
long, 25 metres (82 feet) wide, with a minimum depth of 2 metres (6 ft
7 in) and a capacity of 2,500 cubic metres (88,000 cubic feet).
ombudsman scheme Scheme which the Office for Legal Complaints must operate (Legal
Services Act 2007 s115).
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on approval Goods delivered to a potential customer who may examine them and
either buy them or return them.
on call commuting When an employee has an emergency vehicle which is used for
commuting from home to a place of work solely so that the employee
and vehicle can be available to deal with a sudden emergency. This is
one of the two conditions which allows such a vehicle not to be
regarded as a taxable company car of the employee. The alternative
condition is that the employee was on call when using the vehicle
(HMRC leaflet 480).
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on consignment Goods imported for post importation sale in the European Union (EU)
where the value of the sale is not known at the time of importation.
one-fortieth tax Tax imposed from around 1200 to 1204 by King John of one fortieth of
rents to fund the defence of the Holy Land.
one-off expenses Unique expenses. These are usually allowed for in a budget by a
contingency.
onerous contract Contract in which the unavoidable costs of meeting its obligations
exceed the economic benefits to be received from the contract (FRS
12).
onerous property Property of an insolvent person subject to such restrictions that the
trustee in insolvency may disclaim them rather than realise them.
one-stop shop Any government facility which aims to provide a service telling
someone from a single source all they need to know.
on-line (1) For Customs, the onward carriage of a through inter-airport removal
or a through transit by the inward carrier of the goods.
(2) In computing, Under the control of the computer or connected to
another computer.
on-line accounting Service whereby businesses can enter data on a website that produces
accounts for them automatically.
online Services HM Revenue & Customs provide a range of electronic services for
traders and other users who need to interact with the department, or the
processes that the department manage. These can be accessed via a
variety of routes, or 'Channels'.
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on the market In terms of Scottish property a property is so described “when the fact
that is or may become available for sale is, with a view to marketing the
house, made public in Scotland by or on behalf of the seller” (Housing
(Scotland) Act 2006 s119(2)).
opaquing liquid Liquid which is used to cover text on a document. Opaquing liquids
should not be used on accounting records which must always indicate
what has been written and when any mistakes were corrected.
open account Customer account where the supplier allows credit without taking
security.
open cheque Cheque which has no crossing and which may therefore be cashed by
the holder. Open cheques are now very rare as they have little more
security than cash.
open cheque Term used for a cheque which has never had a crossing.
open credit Credit provided to customers without asking them for security.
open contract Contract for property that specifies only the names of the parties, the
identity of the property and the price. Certain obligations are then
placed on the purchaser and seller to complete the transaction.
open door policy Any policy which means that access is easily obtained. In human
resources, the term applies to managers who are readily available to
their staff.
open ended credit Arrangement whereby someone may borrow money or acquire goods or
services so that the total outstanding does not exceed a pre-agreed limit.
open ended questions Questions which encourage the respondent to provide their own
answers and not select an answer from a selection. Such questions may
be used in market research.
open field Method of farming common at the start of the 18th century. The fields
were unenclosed and divided into strips farmed by families who have
several strips in different places. The system was inefficient and slowly
replaced by enclosures.
open item statements Statement sent to customers listing only the invoices that remain
unpaid.
This contrasts with statements that are simply a copy of the sales
ledger that lists all invoices issued and payments received.
The term has largely fallen into disuse as modern practice is always
to send open item statements, something that is easily achieved with
modern accounting software.
open market Market where anyone may buy and sell without restriction.
open market operations Buying and selling of government securities on the financial markets. If
the government sells large amounts of gilt-edged securities, this will
mean a transfer of funds from the private sector to the government. This
will happen as people buy securities and so have to write cheques or
transfer money to the Bank of England who sold them. This means that
the banks have less in the way of liquid funds available, and so they are
unable to expand their loans as quickly. Selling gilt-edged securities is
therefore considered to be a contractionary monetary policy.
open market option The rule which requires a pension provider to allow a person to obtain a
pension from any company, and is not restricted to taking a pension
from the company where the funds were accrued.
The Financial Services Authority has found that companies can
vary in their pension rates by as much as 25%, particularly for the less
usual forms of annuity.
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opening accounts Accounts at the start of an accounting period. The figures must be the
same as the closing accounts of the previous period.
Accounts for profit and loss account items, such as sales and
expenses, are all opened at zero.
opening balance sheet Balance sheet as at the start of the accounting period. It is the same as at
the end of the previous accounting period.
opening price Price of a share or similar security at the start of a day’s trading.
opening stock Value of stock held by a business at the start of an accounting period.
This figure should already be recorded in the nominal ledger.
The business calculates its cost of goods sold as:
cost of goods sold = opening stock + purchases – closing stock.
The cost of goods sold is subtracted from turnover to give gross
profit.
operating activities The principal revenue-producing activities of the entity and other
activities that are not investing or financing activities.
operating and financial review Section of the annual report of many companies which explains
the main features of the financial statements.
operating costing Costing which is based on the costs of providing the services.
operating cycle Time it takes from purchase of raw material to sale of the finished
product.
operating gearing The ratio of fixed operating costs to variable operating costs.
operating lease A specific type of lease under which ownership of the goods and any
profits or losses remain with the company (the lessor) leasing the goods
to us.
operating manual Book which shows how to use an appliance or how to do a job.
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operating profit Profit from the trading activities, before income from non-trading
activities is added and overheads are subtracted.
operating risk Exists where there are factors, such as a high level of fixed operating
costs, which would cause profits to fluctuate through changes in
operating conditions.
operating statement Financial statement which shows a business’s income and expenditure.
operating system The program that manages a computer's resources and performs basic
tasks, e.g. recognising keyboard input, sending output to the display
screen or printer, managing files and directories, controlling peripheral
devices, and allocating system resources to other software programs
running on the computer.
Operation Bernhard Attempt by Nazi Germany in 1943 to destabilise the British economy
by producing forged bank notes from £5 to £50. The attempt largely
failed.
operational gearing Situation where a business has high fixed costs, particularly when they
are funded by borrowing.
operational research Study of how a business works to see where any efficiencies can be
made.
operation of law Where a legal right, duty or liability comes into being by a legal
provision rather than by one of the parties exercising a right, such as
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under a contract.
operations review Review of how a business works to see if it can be made more efficient.
operative part Part of an instrument that caries out the main object.
opinion status enquiry A reference given by a bank or building society to confirm a customer
has run their account responsibly.
opportunity cost The cost of not pursuing the next best alternative.
This method of costing is used when there is a constraint which
prevents a business pursuing all alternatives. For example, if it has only
sufficient manpower to do A or B, the opportunity cost of A is the profit
that would have been earned by doing B, and vice versa.
opted-out shop worker Worker in a shop or betting office who has served a notice of objection
to Sunday working (Employment Rights Act 1996 s41).
optima est lux quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi
Latin: that system of law is best which confides as little as possible to
the discretion of the judge; that judge the best who trusts as little as
possible to himself.
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optimise Process which yields the best possible results, such as by the most
effective application of resources.
optimum selling price The price at which profit or revenue will be the greatest. This is one of
the few financial uses of calculus.
The law of diminishing returns states that the higher the price
charged, the fewer items will be sold. The optimum selling price aims
to find the price at which either profit or (occasionally) revenue will be
maximised.
option arrangements For corporation tax, arrangements that can affect the treatment of
distributions. The term is defined and discussed in Corporation Tax Act
2010 s173.
option contract Right to buy shares or other security at a fixed price in the future.
option mortgage Mortgages provided before 1 April 1983 for those who did not qualify
for tax relief under the rules which then applied for mortgages. The loan
repayments received a subsidy from the government to reflect the tax
relief that would otherwise have been available.
option price Imprecise term which usually means the reference price for an option,
rather than the amount paid for the option.
option to pay Principle of taxation which states that people should be able to choose
whether to pay tax according to what transactions they choose to make.
This principle applied to the many 19th century excise duties and 20th
century purchase tax, where the rates were much higher on those items
considered luxuries.
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order In trade, a request for goods or services to be supplied. An order has the
nature of an offer to contract.
order book Literally, a book or register which records all orders received for
supplying goods or services.
Colloquially, the term means the value of orders awaiting supply.
Sometimes it is expressed as the time it will take to complete the orders.
order book Record of orders received. Once they have been completed, they may
also be recorded in the sales book.
order for sale Court order requiring property to be sold to pay a debt.
order for sale of shares Order made by a court requiring that shares in a public company must
be sold because of unlawful restrictions imposed on them (Companies
Act 2006 s801).
order of discharge In insolvency, an order that a bankrupt may obtain from the court. This
releases the bankrupt from all debts other than those that arose from
fraud and from certain other debts (Insolvency Act 1986 ss280-281).
ordinarily resident (OR) Tax term to describe someone who normally lives in a particular
country. It requires more than just being resident, but less commitment
than domicile. The matter is explained under ordinary residence.
ordinary activities “Any activities which are undertaken by a reporting entity as part of its
business and such related activities in which the reporting entity
engages in furtherance of, incidental to, or arising from, these activities.
Ordinary activities include the effects on the reporting entity of any
event in the various environments in which it operates, including the
political, regulatory, economic and geographical environments,
irrespective of the frequency or unusual nature of the events” (FRS 3
para 2).
The period and pay are the equivalent to ordinary maternity leave.
Where a couple adopts a child, the partner (male or female) may claim
paternity leave and statutory paternity pay.
ordinary contribution The normal rate of class 2 national insurance (Social Security
Contributions and Benefits Act 1992 s11), as against higher-rate
contributions.
ordinary interest Term sometimes used to describe interest calculated on the basis that
there are 360 days in a year, as against exact interest which calculates
interest on the basis of 365 days.
ordinary maternity leave A period of (from 1 April 2007) 39 weeks for which a female employee
is entitled to be absent from work. If she meets the relevant conditions,
she will receive statutory maternity pay during this period. This is
provided by Employment Rights Act 1996 s71.
ordinary residence (OR) Residence as seen in terms beyond mere physical presence in the UK.
The term is not defined in tax statutes.
It is habitual residence from year to year. A simple rule is that
someone is ordinarily resident if present in the UK for 91 days a year
over a four-year period. This is known as the substantial and habitual
visits rule or the 91-day rule. It is derived from the case Lysart v CIR
[1928] 13TC511. Guidance is also provided in the leaflet HMRC 6.
Guidance is provided in the Inspectors’ Manual at CBTM10020.
Part of it reads: “The term “ordinarily resident” is not defined, but its
established meaning is that a person is ordinarily resident if they are
normally residing in the United Kingdom (apart from temporary or
occasional absences), and their residence here has been adopted
voluntarily and for settled purposes as part of the regular order of their
life for the time being. In considering whether a person is ordinarily
resident, all the circumstances of the particular case will need to be
considered.”
The consequence is that a person who is non-resident may be
treated as such for income tax purpose if they are ordinarily resident. It
is also relevant in areas such as social security and housing.
2006 s282(1)).
An ordinary resolution may be taken by a show of hands unless a
ballot is required.
An ordinary resolution deals with all issues except those for which a
special resolution or unanimous resolution is required.
ordinary watercourse “A watercourse that does not form part of a main river” (Flood and
Water Management Act 2010 s6(3)).
organic growth Expansion of a business simply by increasing the scale of its activities,
as against acquisitive growth where other businesses are acquired.
organic growth When a business grows from re-investing its profits rather than by
acquiring other businesses.
original gravity (OG) In relation to beer duty means the gravity of the liquid before
fermentation (Alcoholic Liquor Duties Act 1979 s3(1)(c)).
Customs notice 226 explains how this may be used to calculate the
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original right For national insurance on share options, term used in Social Security
Contributions (Share Options) Act 2001 s3.
original seen Words attached to a copied document and signed by a person of repute
who has seen the original document and confirms that the copy is
accurate.
original shares Term used in Taxation of Chargeable Gains Act 1992 s116 in relation
to capital gains tax when there has been a reorganisation of a company
or its shareholding.
originating products Products which have been 'wholly produced' in the European Union
(EU); or products which incorporate material not wholly produced in
the EU, but which has been sufficiently transformed in the EU.
ornamental fish Term used in VAT notice 701/14 for tropical fish and similar. Such fish
are standard-rated. They are not zero-rated as food, even when such fish
are edible.
ornamental vegetable Term used in VAT notice 701/14 to describe such products as
ornamental cabbage. Such products are standard-rated if they are sold
for their appearance, even if the product is edible.
Osborne, George English Conservative politician (1971- ) who has been Chancellor of
the Exchequer since 12 May 2010 under the coalition government led
by David Cameron.
Osborne case Court case of 1908. Railwayman W V Osborne challenged the right of
his trade union to pass part of his subscription to the Labour party. The
House of Lords ruled that this was an illegal political levy. This ruling
was reversed by Trade Union Act 1913.
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ostensible authority Authority a person appears to have, such as when someone places
goods on behalf of an organisation. Problems can arise if that person
transpires not to have such authority.
ostensible partner Person who allows his or her credit to be pledged as a partner even
though he or she is not a partner. In effect, this is the same as a shadow
partner.
Broadly the ostensible partner has all the duties but none of the
rights of a real partner.
ostrich For VAT purposes, ostriches and their eggs are zero-rated as food from
1 April 1995. Previously they were standard rated as non-edible
animals.
other capital Any form of capital employed by a business which does not come
within the scope of separately listed forms of capital.
other long-term capital Any form of long-term capital used in a business which does not come
within the scope of a separately listed form of long-term capital.
member bears all the investment and mortality risk. The scheme simply
pays out whatever benefits the amount in the pot, including the
proceeds of all the investments that have been made using the payments
into the scheme, will support.
outdoor relief Term used in the 19th century to distinguish help given to the needy
while they stayed in their own homes, as against help given in the form
of the workhouse.
outdoor relief Assistance provided to the poor under the Poor Law Act 1601. The
assistance took the form of money, food, clothing and other essentials.
This relief was supposedly abolished in 1834, though in practice it
continued.
Outer House Part of the Court of Session in Scotland. It comprises all but eight of its
judges.
outgoing auditor Auditor who the company wishes to replace (Companies Act 2006
s514(1)). If the auditor does not agree to the replacement, he has the
right to make representations to members of the company.
outgoing partner Person who is leaving or has left a partnership. Such a person is not
liable for any debts of the partnership which arose after he left
(Partnership Act 1890 s17).
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outgoing resources Figure in SOFA for all forms of expenditure and liability.
outing Term used when some personal detail is disclosed which the person
does not want disclosed. Most commonly this relates to disclosure that
the person is homosexual.
out of bounds Area which a person may not visit. The term is also used for a subject
which may not be discussed.
out of date Description of something which has lost of its validity because a date or
period has passed. It can apply to a fashion, idea, document, product or
cheque (though the term stale is more common for a cheque).
out of pocket Description of someone who has not been fully compensated for
expenses he has incurred.
out of pocket expenses Incidental expenses incurred, such as odd items of travel or
refreshment.
out-of-work support Term for social security such as jobseeker's allowance and income
support for the unemployed.
output work One of the four bases for determining whether national minimum
wage (NMW) regulations have been followed.
Output work is when a worker is paid according to how has been
produced rather than how many hours have been worked. Such
arrangements are common in areas such as assembling items at home,
cutting cloth for clothing, putting literature into envelopes, delivering
newspapers and picking fruit.
Compliance with the NMW requires either a record of hours
worked and payment at the NMW for those hours, or a system of rated
output work. Rated output work applies from 1 October 2004 when it
replaced the previous fair estimate agreement.
Rated output work requires (from 1 October 2005) the worker to be
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paid 120% of the NMW for the amount of work which can reasonably
be done within one hour. For example, if the NMW were £6 an hour
and a worker could be expected to assemble ten items in an hour, a
worker must be paid at least 72p per item assembled, on the basis of £6
x 120% ÷ 10.
Between 1 October 2004 and 30 September 2005, rated output work
was calculated as 100% of NMW. Previously it was calculated as 80%.
The hourly output may be determined by either conducting a test or
estimating. A test must involve either all workers involved or a
representative sample. The test must be conducted in conditions similar
to those the worker will enjoy. The number of units produced in an hour
is known as the mean hourly output rate.
outright gift Gift where all rights of ownership have been given away, as against (for
example) a gift with reservation.
outside the scope For VAT, activities “that are not covered by VAT law” (VAT notice
701/1).
These include supplies made by someone who is not a taxable
person; those made outside the UK (other than certain international
services); or those not made in the course or furtherance of business.
Such supplies do not bear VAT but are not regarded as exempt or zero-
rated.
outstanding capital In the context of controlled foreign companies, the term “means the
total value of all the capital interests in the company, less the value, as
shown in the company’s accounts, of any advances made by the
company to persons resident outside the United Kingdom and falling
within paragraph (i) or paragraph (ii) of sub-paragraph (3)(b) above”.
(Income and Corporation Taxes Act 1988 Sch 25 para 11(4)(c).
outstanding cheques Cheques which have been issued but do not yet appear on a bank
statement. This item is the total value of such cheques and is used in a
bank reconciliation.
outward processing trade Part of a Customs procedure concerned with the temporary export of
textiles to certain Eastern European countries for processing and
reimport into the European Union (EU).
Before exporting the goods, the exporter must obtain an Outward
Processing Trade (OPT) authorisation from the relevant government
department.
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outward processing A process which provides relief from Customs duty when goods are
imported which were exported purely for a process such as repair or
assembly.
over absorbed overhead Absorbed overhead where the budgeted figure proves to be greater than
the actual figure.
over absorption Situation where the amount of indirect costs allocated to direct costs is
greater than the actual outcome justifies.
overall return Amount received from an investment from all sources less any related
losses. For a share, the overall return will include both dividends
received and capital gain. From this will be subtracted any dealing costs
and stamp duty. The figure for overall return may be before or after tax,
depending on the purpose for which it is determined.
overcrowding notice Notice which a local authority may serve under Housing Act 2004 s139
when it believes that a house in multiple occupation is overcrowded.
overdraft The situation when a person has withdrawn more money from his or her
bank account than is in there.
An overdraft is either an:
● authorised overdraft; or
● unauthorised overdraft.
An authorised overdraft is one agreed in advance with the bank,
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overdue Description of a debt which remains unpaid even though the date by
which it should have been paid has past.
overestimate An estimate which provides a figure greater than the actual figure.
overfill tolerance In beer duty, the maximum amount that a quantity of a large pack
(usually keg or cask) may depart from the stated quantity. These
tolerance are set out in Customs notice 226. They are around 1%.
overhead absorption rate Rate at which overhead costs are added in to the direct costs.
overhead budget Budget for the general overheads of a business, as against for direct
production costs.
overhead costs Expenses; costs which relate to being in business rather than to
producing the goods or services.
These are usually allowable against taxable profits. The main
exceptions are depreciation (for which capital allowances may be
claimed instead), personal expenditure, entertaining customers and
fines.
overlapping period For group relief, the period which is common to the claim period and
surrender period (Corporation Tax Act 2010 s142(1)).
overlapping tax Term used in 1944/45 when PAYE was introduced. A worker could be
liable to pay tax on his current earnings under PAYE and on the
previous year’s tax under the old system. The overlapping tax was
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cancelled.
overlap profit Profit for a period which is covered by two basis periods for income
tax.
The profits for one of these periods qualifies for overlap relief
when the business ceases.
overlap relief The part of a business’s first year of trading which is taxed twice. This
amount may be deducted from taxable profits in the final year of
trading.
In the first year that a business trades, it is taxed on the profits
actually earned in the tax year. In the second and subsequent tax year, it
is taxed on the profits earned up to the accounting date in the tax year.
There is usually a short period at the start of the business whose profits
are taxed in each year and are therefore taxed twice. The amount of
double taxation which thus arises is known as overlap relief as the two
basis periods have overlapped.
The amount of overlap relief is deducted from taxable profits in the
final tax year when the business ceases. As overlap relief is not indexed
or uplifted in any way, the amount may be relatively small.
overseas conference The ability to deduct such expenses from taxable profits follow the
normal wholly and exclusively rule. How they apply to this item is
discussed in the Inspectors’ Manual at BIM42525.
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overseas pension Pension paid in a foreign country. Such payments are generally
excluded from the personal estate subject to inheritance tax (Inheritance
Tax Act 1984 s153).
Overseas pension scheme A pension scheme is an overseas pension scheme if it is not a registered
pension scheme but it is established in a country or territory outside the
UK and satisfies the requirements in the Pension Schemes (Categories
of Country and Requirements for Recognised Overseas Schemes)
Regulations 2004. (Regulations not finalised yet).
overseas taxation Taxation in another country. Where tax falls to be paid in two countries,
it may qualify for double taxation relief.
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overseas visitor For tax purposes, a description of someone who buys a boat.
He normally lives outside the European Union (EU), has not been in
the EU for more than 365 days in the two years before the date they buy
the boat and intends to leave the EU, within six months of the date of
delivery of the boat.
overspend Spending too much, particularly when the actual figure is greater than
the budgeted figure.
overstate Putting an amount in the accounts which is greater than it should be.
over the counter Description of lawful trading, as against under the counter.
overtime premium Amount by which payment for overtime exceeds the normal rate of
pay.
overtrading Situation where a company increases its sales too quickly, with adverse
consequences, particularly running out of cash.
Owl Portable device which states how much electricity is being used in a
building.
owner Person who has legal title to land or goods though he may not have
occupation or possession of them.
For Customs purpose, owner “in relation to an aircraft, includes the
operator of the aircraft” (Customs and Excise Management Act 1979
s1(1)), and owner “in relation to a pipe-line, means (except in the case
of a pipe-line vested in the Crown which in pursuance of arrangements
in that behalf is operated by another) the person in whom the line is
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vested and, in the said excepted case, means the person operating the
line” (Customs and Excise Management Act 1979 s1(1)).
owner-occupier Person who owns the residence in which he or she lives. Someone is an
owner-occupier even if they have a mortgage or other outstanding
secured loan.
ownership Having legal title to goods rather than just physical custody. The latter
is usually called possession. Ownership is a package of legal rights.
In trusts, ownership is distinguished between legal and beneficial
(or equitable). In a trust, the trustees are the legal owners, while the
beneficiaries are the beneficial owners.
ownership interest The residual amount found by deducting all of the entity's liabilities
from all of the entity's assets. (Also called equity interest.) This
definition is given in Statement of Principles para 4.37.
P
P (1) Series of forms used by HMRC to administer the PAYE scheme.
The more common forms include:
P1 tax return
P7X general instruction to update employee tax codes
P11 record of employee’s pay and tax
P11D annual return of employee benefits
P38(S) student’s declaration
P 45 employee leaving
P 46 employee starting (without a P45)
(2) Suffix for tax code used until 2009/10. It indicates that the taxpayer
is entitled to the age allowance by being born before 6 April 1935. Such
taxpayers now have the V suffix.
(3) Abbreviation sometimes used in an Act of Parliament to identity a
person, eg Identity Documents Act 2010 ss4-6.
(4) Probate, Divorce and Admiralty Division Law Reports, published
from 1891 to 1971.
P9D Rare form used in the PAYE system to disclose expenses paid to
employees who are not P11D employees.
P11D employee Widely used but unofficial term for an employee who comes within the
scope of the P11D tax return.
Such an employee is one whose earnings are at least £8,500 a year
(including taxable expenses) or who is a director (with a few
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exceptions).
P45 Three-part form produced when an employee leaves for any reason.
P46 Form that is completed by a new employee who does not provide the
employer with a P45 certificate.
P326 Form provided by the Post Office for use when a single packet is sent
by a VAT-registered business to a business customer in another EU
member state. This form is part of the documentary evidence needed to
justify zero-rating such a supply. The matter is explained in VAT notice
725.
PACE code of practice One of several codes of practice issued under Police and Criminal
Evidence Act 1984.
There are eight such codes:
• A: searching a person who has not been arrested
• B: searching premises and seizing property found
• C: detention, treatment and questioning of suspects
• D: identification of suspects
• E: sound recording of interviews of suspects
• F: visual recording of interviews of suspects
• G: statutory powers of arrest
• H: detention of terrorism suspects.
Pacioli, Luca A Venetian monk (c1446-1517) who first codified what became known
as double entry bookkeeping in 1494.
package (1) Goods wrapped so that they may be sent by post or courier.
(2) A collection of assets, attributes, rights or similar which are offered
as one item.
(3) “In relation to beer, means to put beer into tanks, casks, kegs, cans,
bottles or any other receptacles of a kind in which beer is distributed to
wholesalers or retailers” (Alcoholic Liquor Duties Act 1979 s4(1)).
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package deal Agreement which deals with more than one issue.
package test VAT term for a test which may allow a printer to zero-rate an entire
consignment of material for a charity even though some of it would not
be zero-rated if supplied separately.
The term is used in VAT leaflet 701/1 and is explained in leaflet
701/10.
packaged bank accounts Bank accounts that come with benefits and are usually subject to a
charge.
packaging tape Adhesive tape used for sealing cartons for delivery. The tape is often
brown and 66mm wide.
packed lunch Food prepared for eating later, often supplied by hotels.
From 1 July 1991 they are specifically standard-rated for VAT as a
supply of catering.
pacta quae contra leges constitutionesque vel contra bonos mores fiunt, nullam vim habere,
indubiati juris est
Latin: it is undoubted law that agreements which are contrary to the
laws and constitution, or contrary to good morals, have no force.
paid basis Tax term for provisions which take effect when an actual payment is
made rather than where an accounting entry is made which does not
transfer funds between parties. The term is used in connection with
such matters as interest on late payment of corporation tax by connected
companies.
paid or incurred basis Arrangement reached by some tax inspectors before 1999 that allowed
expenses to be claimed in the period for which the expense was paid or
incurred, regardless of the accounting treatment.
Such arrangements were informal but binding on the tax authorities.
These arrangements have now generally been ended. The matter is
discussed in the Inspectors’ Manual at BIM42220.
paid up insurance Insurance policy on which all required premiums have been paid.
paid up scheme A pension scheme where no contributions are being paid, but which has
assets that are held which may be used to provide benefits for the
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paid up share Share where the shareholder has provided all the sum required. There
are no outstanding calls on the share.
panty liner For VAT, this is generally reduced rated for sanitary protection but
standard-rated for incontinence. Details are given in VAT notice
701/18.
paper In finance, the term is also used for documents which exist on paper,
such as share certificates or bills of exchange.
paper for paper relief In capital gains tax, a relief given in Taxation of Capital Gains Act
1992 s169N(4) where a security is disposed of for another security.
paper loss Loss made according to accounting adjustments but which is not
reflected by any loss in cash. A common example is when an asset falls
in value.
paper millionaire Person who owns shares and other securities worth at least one million
pounds (or one million of any other currency).
paper offer Takeover bid where a company offers its own shares as a replacement
for shares in the acquiree company.
paper profit Profit which arises from accounting adjustments but which is not
reflected by any additional cash. A common example is when an asset
increases in value.
par At the same value or price. The term is commonly used for shares.
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parallel running Operating two systems together as part of the process of moving from
one system to the other, such as computerisation. It is also known as
dual running.
parallel trade goods “Goods manufactured with the consent of the right-holder, but
marketed without such consent” (Customs notice 34). Customs may
seize such goods.
parent Mother or father. For most legal and financial purposes, this includes
someone who has adopted a child, or a guardian.
There are several tax provisions relating to parenthood. These are
explained in the entry for child.
parental leave Right given to parents to take unpaid parental leave from work in
certain closely defined circumstances. The right is given from 15
December 1999 in Employment Rights Act 1996 ss76-79. This right is
in addition to maternity leave, paternity leave and time off for
dependants. There is also a right to request flexible working.
The main conditions of parental leave are:
● the employee must have worked for at least one year;
● the leave must be to care for a child;
● the parent must have parental responsibility for the child;
● the child must be either disabled or under five years old;
● the parent must give 28 days’ notice (with some exceptions).
Caring for a child includes spending time with very young children,
accompanying a child to hospital, checking out a new school, settling a
child into new care arrangements, and taking a child to stay with
grandparents.
The parent is entitled to up to 13 weeks’ unpaid leave, 18 weeks if
the child is disabled. Although the parent is not paid, other contractual
rights continue. The employee is entitled to return to the same job or an
equivalent job, and not to suffer any detriment in employment.
An employer may make a parental leave agreement.
The employer may require the parent to produce evidence to justify
parental leave. In some cases, the employer may have the power to
postpone the leave.
The amount of leave is per child; it is not an annual limit. So an
employee who has taken eight weeks’ parental leave in the child’s first
year, only has five weeks’ remaining leave even if the parent changes
job. There is no mechanism for ensuring compliance.
Parental leave may only be taken in whole weeks. Any leave taken
in a week counts as one week, even if for just one day.
These provisions only apply to the statutory right. An employer and
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parental leave agreement An arrangement made between an employer and employees regarding
parental leave.
There are four types of agreement which may be made. The
employer and employees may agree to:
● an individual agreement;
● a collective agreement; or
● a workforce agreement.
If no agreement is reached, a statutory arrangement applies.
An individual agreement is made between an employer and one
employee and becomes part of that employee’s contract of employment.
A collective agreement is made between the employer and a
recognised trade union. A workforce agreement is similar to a collective
agreement when there is no recognised trade union.
parental responsibility The responsibility a parent has for a child under 18 years old. This must
be established for a parent to be able to claim parental leave.
Under parental leave, the mother always has parental responsibility.
A father has parental responsibility if:
● he was married to the mother when the child was born;
● a court has made an order of parental responsibility;
● he has a formal agreement with the mother.
A person does not have to live with the child or the mother to have
parental responsibility.
A person who adopts a child assumes parental responsibility.
parent company Company which controls one or more subsidiaries in a group. It usually
has the same meaning as parent undertaking.
parent undertaking “An undertaking is the parent undertaking of another undertaking (the
subsidiary undertaking) if any of the following apply:
(a) it holds a majority of the voting rights in the undertaking;
(b) it is a member of the undertaking and has the right to appoint or
remove directors at meetings of the board on all, or substantially all,
matters;
(c) it has the right to exercise a dominant influence over the
undertaking:
(i) by virtue of provisions contained in the undertaking’s
memorandum or articles; or
(ii) by virtue of a control contract. The control contract must
be in writing and be of a kind authorised by the memorandum or
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parent with care Parent who looks after a child and who usually receives payments from
the other parent, known as the non-resident parent.
Note that the correct term is “parent with care”, not caring parent.
Pareto principle Observable phenomenon that in many situations, 80% of the effects
come from 20% of the causes. An example is a company that earns
80% of its profits from 20% of its product. It is a widely used rule of
thumb in business management.
The term comes from the Italian economist (1848-1923) who first
postulated the principle in 1906.
pari passu Latin: “with equal step”. Applies to the principle that creditors in the
same rank are paid at the same rate from distributions in an insolvency.
parish clerk Person who takes the minutes and deals with administrative matters of a
parish council. From 6 April 2011, such a person must be taxed as an
employee.
parish tax An experimental tax of 1371 which led to the poll tax.
parity Equality, such as when shares are trading at their nominal value.
parking fine Fine for illegal parking of a vehicle, such as not paying, exceeding the
time limit, not parking in a proper space, and similar.
Where an employer pays a parking fine incurred by an employee,
HMRC says this is a taxable benefit to the employee if the fine was
handed to the employee at the time or if the car belongs to the
employee. It is not a taxable benefit if the fine was paid by the
employer as registered owner (Inspectors’ Manual at BIM42520).
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part disposal For inheritance tax provisions, the term “means a disposal of property
which does not consist of or include the whole of each property which
is one of associated properties and of which there has been a
conditionally exempt transfer” (Inheritance Tax Act 1984 s32A(6)).
For capital gains tax, “there is a part disposal of an asset where an
interest or right in or over the asset is created by the disposal, as well as
where it subsists before the disposal, and generally, there is a part
disposal of an asset where, on a person making a disposal, any
description of property derived from the asset remains undisposed of”
(Taxation of Chargeable Gains Act 1992 s21(2)(b)).
Provisions for part disposals of long-funded plant and machinery
are given in Taxation of Chargeable Gains Act 1992 s42.
part exchange Sales method which involves taking in an old item as part payment for a
new item. This method is particularly common for selling cars, where
the old car may be accepted as part payment of a new car. The old car is
often accepted at a value above its second-hand price as a means of
clinching the sale.
For the purposes of income tax or corporation tax, the car must be
valued as part of the purchase price. From August 1994 this may be at
the car’s trade value and need not be at a higher price allowed to clinch
the sale.
part shipment The description for each of the two or more parts of a split export
consignment.
partial disability A disability which is less than total (according to the particular
definition relating to the contract in question) but still sufficient to
hamper the individual in his or her occupation.
partial exemption (PE) In VAT, the procedure which may be required when a VAT-registered
trader makes both taxable and exempt supplies. (Taxable supplies
include zero-rated supplies.) Partial exemption seeks to restrict the
amount of input tax which the trader may claim on the VAT return,
either as a deduction from the output tax payable or as a repayment
from, HMRC. Banks and other financial institutions are always partially
exempt.
The principle is simple. Suppose a trader has taxable supplies of
£200,000 and exempt supplies £100,000 and incurs input tax of
£60,000. Two-thirds of the output is taxable, so only two-thirds of the
input tax may be claimed. In this example, £40,000. The other £20,000
is an additional cost to the trader.
While the principle is simple, the operation is notoriously complex.
Some small traders may be excused partial exemption if:
● their average monthly input tax does not exceed £625
(unchanged from 1994); and
● the exempt input tax does not exceed 50% of VAT on all
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partial exemption method A method used to apportion residual input tax under partial
exemption.
partial intestacy When not all a person’s property can pass on their death under the
terms of a will. This is usually because property has been overlooked
(such as when there is no residuary legatee), or when a provision fails
for any reason.
The property which does not pass in accordance with the will passes
under the provisions of the Administration of Estates Act 1925 and
subsequent legislation.
partial rejection Where a buyer of goods has the right to reject some of the goods.
Sale of Goods Act 1979 s35A states that in such circumstances, the
buyer does not lose the right to reject the rest of the goods. In the
absence of a specific provision, the buyer must either accept or reject all
the goods.
particeps criminis Latin: partner in crime. Person who shares in a crime; accessory.
participating interest “An interest held by an undertaking in the shares of another undertaking
which it holds on a long-term basis for the purpose of securing a
contribution to its activities by the exercise of control or influence
arising from or related to that interest.
(a) A holding of 20% or more of the shares of an undertaking shall
be presumed to be a participating interest unless the contrary is shown.
(b) An interest in shares includes an interest which is convertible
into shares, and includes an option to acquire shares or any interest
which is convertible into shares.
(c) An interest held on behalf of an undertaking shall be treated as
held by that undertaking” (FRS 2 para 15).
The company in which a participating interest is sometimes known
as an associated company.
participating interest “An interest held in the shares of another entity on a long-term basis for
the purpose of securing a contribution to the investor’s activities by the
exercise of control or influence arising from or related to that interest.
The investor’s interest must, therefore be a beneficial one and the
benefits expected to arise must be linked to the exercise of its
significant influence over the investee’s operating and financial
policies. An interest in the shares of another includes an interest
convertible into an interest in shares or an option to acquire shares.
“Companies legislation provides that a holding of 20 per cent or
more of the shares of an entity is to be presumed to be a participating
interest unless the contrary is shown. The presumption is rebutted if the
interest is either not long-term or not beneficial.”
(FRS 9 para 4).
participative budgeting Budget process which involves consultation with those affected.
indirectly for his benefit.” (Income and Corporation Taxes Act 1988
s417(1)).
The definition includes an associate of the participator.
[Note that the word “participant” is used in other contexts for someone
who participates in something.]
particulate matter (PM) Fine particles of soot as produced in the exhaust of older vehicles. PM
may be reduced by fitting a filter.
The amount of PM can determine whether a vehicle must pay to
enter the Low Emission Zone.
partition (1) In building, a form of sliding screen used to divide up larger rooms
for separate uses. These may qualify for a capital allowance as plant
and machinery.
(2) In politics, the division of a territory into areas for separate
administration, as happened in Ireland.
partner Person with whom one is associated in some way. This may by family,
as in a husband or wife; or in business as in a business partnership.
Generally a partner, in either sense, is a connected person for tax
purposes.
partnership at will Partnership that has no fixed term for its duration. Any partner may
end the partnership simply by giving notice to the other partners
(Partnership Act 1890 s26(1)).
partnership deed Document setting out the agreement of the partners on how the
partnership is to be conducted (including the arrangements for sharing
profits and losses).
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partnership law Legislation which governs the conduct of a partnership and which
should be used where no partnership deed has been written. The main
law is Partnership Act 1890.
partnership property All property, rights and similar interests of a partnership. This includes
profits earned by the partnership (Partnership Act 1890 s20(1)).
partnership return Tax return which must be submitted by a partnership under Taxes
Management Act 1970 s12AA.
part-timer Someone working less than a full working week. The law requires part-
timers to be treated as well as full-timers.
part-unit Part of a commonhold unit. This is generally not legally possible under
Commonhold and Leasehold Reform Act 2002 s21.
part work Series of publications that builds up into a book. By concession, such
works are zero-rated for VAT under Value Added Tax Act 1994 Sch 8
Group 3, as explained in VAT notice 701/10. Amendments to part
works are also zero-rated.
Where the part work comprises a magazine, it may be separately
zero-rated as such.
passenger transport Transport in a vehicle available to the public. In general, if the vehicle
can carry at least 10 passengers, the transport cost is zero-rated under
Value Added Tax Act 1994 Sch 8. This generally means that bus and
train fares are exempt but taxi fares are not.
The transport must be for the purpose of going somewhere, so
fairground rides and ski lifts are not zero-rated. However conducted
tours are zero-rated.
passenger vessel “Vessel which is carrying or expected to carry at least one passenger”
(Gambling Act 2005 s353).
passe-partout French: pass over all. A master key or similar device which allows a
person access anywhere.
passim Latin: in various places. The term is used to indicate that further
material on the subject is found throughout the book.
passing In contract law, the stage when the ownership of the goods is
transferred from the seller to the buyer.
The general rule is that the property passes when the parties
intended it to pass (Sale of Goods Act 1979 s17).
passive investor Person who owns shares or equivalent interest in a business but who
plays no part in its management. Such a person is sometimes called a
sleeping partner.
password Secret combination of numbers and letters giving its holder access to a
computer file or similar.
past consideration Benefit which has already been provided to someone. This cannot be
the basis of consideration in a new contract.
past service costs Additional pension liability incurred by a pension provider in respect of
a particular employee.
past trustees There is a specific capital gains tax provision in Taxation of Chargeable
Gains Act 1992 s82.
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patentable invention Invention for which a patent may be granted (Patents Act 1977
s130(1)).
Such an invention must be:
• new,
• involve an inventive step (ie not be obvious), and
• be capable of industrial application.
patent ambiguity Word or expression which can clearly be seen on the face of a
document to have more than one meaning, as against a latent
ambiguity.
patent infringing goods “Any goods that will infringe a patent under UK law or a
supplementary protection certificate (SPC) under EC law” (Customs
notice 34).
Customs may seize such goods.
patriotic For VAT and such bodies, the aim is “to do good work for the benefit
of a nation state or for those who have served their country and their
dependants” (VAT notice 701/5).
patronymic In Iceland and Slavic countries, a middle name based on the father’s
first name. So if Ivan Vaslov has a son Edvard and a daughter Raisa,
their names will be Edvard Ivanovich Vaslov and Raisa Ivanova
Vaslov.
Pay and File System for reporting corporation tax used for accounting periods that
ended between 1 October 1993 and 30 June 1999, when it was replaced
by self-assessment.
Pay As You Earn (PAYE) System of collecting income tax from employees, administered by the
employer. It was introduced in 1944. It is compulsory. An employer
who fails to operate the PAYE system when required can be heavily
fined and can be obliged to pay the tax lost to HMRC.
The PAYE procedure is also used to collect national insurance and
student loan repayments, and to administer the statutory payments
such as statutory sick pay.
PAYE is designed to collect the exact amount of tax due, unlike the
Construction Industry Scheme which collects an approximation.
Each employee (which includes office-holders) is allocated a tax
code. Most tax codes comprise a number followed by a letter. The
number is one tenth of the amount in pounds which an employee is
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allowed to earn in the tax year before paying income tax. The letter is
not used in calculating the tax; its purpose is to allow the employer to
adjust the tax code when the personal allowances change. So an
employee with a tax code of 520L is allowed to earn £5,200 per year
before paying income tax. If the government announces that all L codes
are to be increased by 10 points, the tax code becomes 530L and the
employee is allowed to earn £5,300 before paying tax.
The amount of income tax is calculated by deducting a figure from
gross pay now known as the pay adjustment. Before K codes were
introduced, it was known as free pay. This figure is either taken from a
book of tables known as Table A provided by HMRC or is calculated
automatically by the payroll software. The pay adjustment usually
allocates a pro rate amount of the annual tax-free limit, so a weekly
paid person with a tax code of 520L pays no tax on the first £100 a
week. Tax is calculated on the amount by which the pay exceeds the
pay adjustment figure.
There are other types of tax code such as BR, NT, K codes and D
codes for which there are special procedures.
PAYE income Term defined in Income Tax (Earnings and Pensions) Act 2003 s683(1)
to mean income subject to income tax under the Pay As You Earn
scheme.
PAYE income has three elements:
• employment income;
• pension income;
• social security income.
PAYE regulations Income Tax (Pay As You Earn) Regulations SI 2003 No 2682. These
are the main regulations for the PAYE scheme.
pay interval Term sometimes used to mean pay period, with reference to the
frequency with which an employee is paid.
rebate.
Payments on account are not required if the tax is less than £1,000
and at least 80% of the tax due has already been paid (such as from
dividends or under PAYE). There are also special provisions for the
first and last years of trading.
payment year For class 3 national insurance, “means the year in which a contribution
is paid” (Social Security Contributions and Benefits Act 1992 s13(5)).
pay period Period for which an employee is normally paid. Typically this is a week
or a month, but it can be other periods. The pay period is particularly
important for calculating class 1 national insurance.
pay reference period Period for which a worker must be paid the national minimum wage
(NMW).
The NMW does not have to be paid for every hour worked. It is
sufficient that the total pay for the hours worked in a pay reference
period is at least the NMW multiplied by the total number of hours.
This means that some hours may be worked for less than the NMW,
provided that sufficient other hours are worked for more than the
NMW.
The pay reference period is usually the period covered by the
payslip. If pay is earned in one period but paid in another (as sometimes
happens with commission), the employer may choose the pay reference
period to which it applies, but it may only be credited to one period.
If an annual bonus is paid, this is treated as income for the period in
which it is received, except that a pro rata element may be treated as
received in the one previous pay period.
pay token Metal token issued to workers, particularly manual workers, in 19th
century which could then be redeemed for their wages on pay day.
payback period The time, usually in years, in which the original investment in a
business is recouped.
paying agent A trader known to HMRC and formally set up on the Customs
Handling of Import and Export Freight (CHIEF) system who transmits
import or customs warehouse removal declarations to the CHIEF
system.
payment card Any form of plastic card which may be used in a financial transaction.
Main types are cash card, credit card, charge card and debit card.
payment for group relief Payment made between companies in a group in respect of loss relief
surrendered by one company to the other. Such payment is ignored for
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payment for loss of office Payment to a person who gives up an office, such as director,
voluntarily or otherwise.
The term is widely construed to include compensation payments of
all sorts, including of associated companies and payments on
retirement, other than pensions.
Under Companies Act 2006, such a payment may require the
approval of members under Companies Act 2006 s217.
For tax, the first £30,000 may be tax-free.
payment holiday A feature offered by some mortgages that allow the mortgagor to miss
payments.
payment in due course “Payment made at or after the maturity of the bill [of exchange] to the
holder thereof in good faith and without notice that his title to the bill is
defective” (Bills of Exchange Act 1882 s59(1)).
payment in kind Settling a debt by providing goods or services rather than cash.
payment mechanism Means by which a payment is arranged. Choices include cash, cheques,
credit cards, bank transfers etc.
payout requirement American term for the legal condition that a private foundation must
pay out at least 5% of the fair market value of their assets each year in
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payroll The function of paying staff, with related duties, such as paying tax and
calculating statutory sick pay.
payroll error Mistake in calculating the amount an employee should receive in his
payslip.
If the mistake is an underpayment, this should be corrected
promptly. An employee may be willing to wait to the next pay period
for a small underpayment to be corrected, but does not have to. Any
underpayment comprises an unlawful deduction from wages. It is
usually sufficient to make an advance equal to the underpayment, and
to reclaim this on the corrected next payslip.
If the mistake is an overpayment, the law does not always allow it
to be recovered.
If the mistake relates to tax or national insurance, the mistake must
be corrected in accordance with those regulations. In general, the
mistake must be corrected on the next payslip. The PAYE system
usually sorts out any miscalculations of income tax. For an under-
deduction of national insurance, the sum may be recovered in the
current tax year or the following tax year, but not later. If the mistake
cannot be corrected, HMRC must be so advised.
payroll giving Method of giving tax relief on donations made from payroll.
payrolling Practice of accounting for tax on benefits through the payroll. The value
of the benefit is added to gross pay and the same value is subtracted
from net pay. This allows the benefit to have tax deducted at the correct
rate. It should be noted that most benefits are not subject to class 1
national insurance, and so this adjustment is not made to calculate NI.
Payrolling is not part of the PAYE system though it is known that
there are some arrangements agreed with HMRC that allows it to
happen. Suggestions for using payrolling as an alternative to the current
P11D system have been made frequently.
Where a benefit is payrolled, it must still be included in form P11D
(HMRC News 6 April 2011).
payroll vote Members of a ruling political group who receive additional allowances
for holding ministerial or other positions. Such members are expected
to vote with the government or other body, or lose their positions and
allowances.
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P&CR Property and Compensation Reports, law reports published from 1950.
P&D Probate and Family, a series of law reports published from 1850.
peaceful picketing The lawful act of protesting at or near a person’s place of work. It is
regulated by Trade Union and Labour Relations (Consolidation) Act
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Leach’s tax dictionary as at 15 June 2011, page 979
1992 s220.
peak oil Term used in the Hirsch Report to describe the point when the
maximum extraction rate of petroleum has been reached, after which
production can only decline.
The report was based on Hubbert peak theory first developed in
1956. Hirsch concluded that peak oil will happen in 2020. This will
trigger a crisis in the late 21st century unless alternative fuels are
developed.
peat For VAT, peat may be reduced rated under Value Added Tax Act 1994
Sch 7A Group 1 when supplied for domestic use. Further details are
given in VAT notice 701/19.
Peel, Robert English Conservative politician (1788-1850) who was Chancellor of the
Exchequer from 2 December 1834 to 8 April 1835, and was prime
minister for two periods between 1834 and 1846. As home secretary
(1822-1827), he created the police force which was briefly known as
“peelers”.
penalty determination Amount HMRC calculates a taxpayer owes by way of penalty for non-
compliance with tax law.
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penalty points Points with which a driving licence may be endorsed. If a person
collects 12 points within a three-year period, they are banned from
driving under the totting-up procedure.
penalty proceedings Legal proceedings brought by HMRC against a taxpayer against whom
it wishes to impose a penalty. See Taxes Management Act 1970
ss100C-100D.
pence Plural of penny when referring to the amount rather than the coin.
pendente lite Latin: when litigation is pending. This refers to the period when a legal
action has started but the matter has not been concluded.
penetration pricing Marketing technique of setting a low price to gain market share. It is
similar to lowballing.
PENNOT Common name for tax form notifying HMRC that an employee is now
receiving a pension. From 6 April 2009, it is replaced by form
P46(pen).
penny Unit of currency in Britain from around 775 AD. The plural of the unit
of currency is “pence”; the plural of the coin is “pennies”.
Until decimal currency was introduced in 1971, there were 12
pence to a shilling, and 20 shillings to the pound, so there were 240
pence to a pound. These pence are now called “old pence”. The penny
was divided into the halfpenny and a farthing (quarter of a penny),
with further divisions of the farthing.
A new penny is worth 2.4p old pennies. An old penny was worth
0.4167 or 5/12 of a new penny.
Under decimal currency, there are 100 “new pence” to the pound.
The word “new” was dropped in 1982.
pennyweight Imperial measure of weight still sometimes used for jewels and
precious metals. There are 20 pennyweight to a troy ounce. There are
24 grains in a pennyweight.
A pennyweight is about 1.5552 grams.
pensionable age The age at which a person becomes entitled to receive the state
retirement pension and also ceases to be liable to pay national
insurance. The legal definition is set out in Pension Schemes Act 1993
s181.
pensionable earnings The earnings on which benefits and contributions for a pension scheme
are calculated.
For public pensions, the term is defined in Superannuation Act 2010
s3(7).
pensionable service Period of service with an employer that is used in calculating pension
benefits from an occupational pension scheme.
pension credit member Member of an occupational pension scheme who has benefits arising
from pension credits but who is not an active member, such as when
an entitlement has been transferred from another scheme.
pension credit member An individual who has rights in a pension scheme which are directly or
indirectly attributable to pension credits.
pension guarantee Period for which it is guaranteed that a pension will be paid.
All pension schemes work on the basis that those who die young
subsidise those who die old. Schemes may assume that all men who
retire at 65 will live for about another 20 years. If one man dies at 75,
he will only have received his pension for 10 years so the pension
provider makes a saving. This is used to help pay for the pension of
another man who dies at 95 and who therefore receives his pension for
30 years, ten more than expected.
As people die at every age, it is possible for a person to die soon
after retirement and thus receive very little benefit for a considerable
investment. To deal with this, someone at retirement may choose to
have a pension guarantee which means that the pension will be paid for
a minimum period even if the person dies during that period. This
payment is made to the member’s dependants.
The pension guarantee is usually for five years, though it can be for
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pension input amount Amounts as arrived in accordance with sections 230 to 237 of Finance
Act 2004.
pension liberation Taking money out of a pension fund to convert the whole amount into
ready cash.
There is no lawful way of doing this in the UK, despite some
companies claiming to have found a “loophole”. The system typically
involves the company paying about 75% of the fund, leaving no funds
for any pension in retirement. The whole of this is subject to income
tax.
There are provisions about pension liberation in Pensions Act 2004
s18.
pension lump sum A single payment which a person may receive from their private
pension or occupational pension at retirement.
The legal maximum is one quarter of the fund. This is tax-free.
Drawing a lump sum reduces the pension payable by the same ratio. For
example, a man retiring at 65 with a pension fund of £100,000 may, at
recent annuity rates, receive a level pension of £616 a month. If he took
£25,000 as a pension lump sum at 65, the remaining £75,000 would
provide a monthly annuity of 75% of £616, which is £462.
If a pension is small, it may be possible to take the whole pension
fund as a lump sum. From 6 April 2006, if all pension funds held by an
individual do not exceed £15,000, they may be paid as a lump sum
without any need to buy an annuity at all. In such a case 25% of the
lump sum is tax-free and the balance is subject to income tax. The
person must be aged between 60 and 75, and all pension funds must be
taken as a lump sum within a 12-month period. Previously the whole of
a pension fund could only be taken as a lump sum if it was a trivial
pension which usually meant that the value of the fund was less than
£250.
It is usually cost-effective to draw the pension lump sum even if just
to re-invest. In the example above, re-investing the lump sum would be
cost-effective provided the rate was at least 6.16%. In practice most
decisions about whether to take the lump sum depend on the
pensioner’s personal circumstances such as whether they want the
money to pay off their mortgage or have a retirement holiday.
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A lump sum may be used to start a new pension plan if the member
is between the ages of 55 and 75. This is known as a recycled pension.
Tax relief may be restricted in such circumstances.
There is also a short-service refund lump sum when someone
leaves an occupational pension scheme after a short employment.
pension protection levy Pensions Act 2004 s175. It is of two types: a risk-based pension
protection levy and scheme-based pension protection levy.
pension provider Person who pays a pension. Under the option market option (OMO)
this need not be the same company under which the pension fund was
built up.
pension scheme A means by which an individual can make pension provision. This may
be either collective or individual and with or without the involvement
(by means of contributions or otherwise) from the individual's
employer.
HMRC defines a pension scheme as a scheme “set up to provide
benefits for/in respect of any of the following circumstances
• retirement,
• death,
• attaining a particular age,
• serious ill-health or incapacity, or
• in similar circumstances.”
(Inspectors’ Manual at RPSM02200020).
Such a scheme may be registered or unregistered. A registered
pension scheme attracts particular tax advantages.
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pension scheme member Someone who has rights under a pension scheme, particularly an
occupational pension scheme.
There are four types of member:
● active member: someone who is accruing benefits under the
scheme (usually a current employee);
● deferred member: someone who is no longer accruing
benefits (usually a former employee) though benefits already accrued
may continue to grow by being indexed;
● pension credit member: someone who has rights under the
scheme from pension credits (usually someone who has transferred
from another pension scheme but who is not an active member); and
● pensioner member: someone who is receiving a regular
pension (usually a retired employee).
Only an active member is entitled to tax relief on contributions to
the pension fund, though this point is largely academic as only active
members would be contributing anyway.
pension sharing order An order or provision made as listed in section 28(1) of the Welfare
Reform and Pensions Act 1999 (or the Welfare Reform and Pensions
(Northern Ireland) Order 1999 (SI 1999/3147)) following a divorce or
the dissolution of a civil partnership.
Pensions (Increase) Acts “The Pensions (Increase) Act 1971 and any Act passed after that date
for the purposes corresponding to the purposes of that Act” (Income
and Corporation Taxes Act 1988 s615(7)).
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Pensions Regulator Body corporate established under Pensions Act 2004 s1 with effect
from 6 April 2005.
pension scheme managers The term “managers” in relation to pension schemes is defined as “the
persons responsible for the management of the scheme” (Pensions Act
2004 s318).
pension surplus Amount by which a pension fund has more funds than it needs to meet
its liabilities as calculated by an actuary.
Pension Tracing Service Government scheme to help people find details of old pension schemes.
pension unlocking Term sometimes used to mean the lump sum which a person aged
between 55 and 75 can obtain from their pension fund. This is
sometimes advertised as a special procedure, when the member can
easily arrange it for himself.
pension year The period the maximum unsecured pension and alternatively secured
pension limits apply to (and the dependant equivalents). In the
legislation these are referred to as 'unsecured pension years' and
'alternatively secured pension years'. These periods run in consecutive
12-month periods from the point initial entitlement to such pensions
actual arise under a money purchase arrangement. These periods are set
at the point that initial entitlement arise, and cannot be changed from
that point onwards (although the pension year the member or dependant
dies or reaches age 75 will be deemed to end immediately before such
an occurrence - these truncated 12-month periods are treated as a whole
12-month period for limit purposes).
People’s Budget Controversial Budget delivered by Lloyd George in 1909 which led to a
constitutional crisis.
He sought to raise income tax (to 5% on higher incomes), introduce
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Pepper v Hart Leading tax case which was finally settled by the House of Lords in
1992. It established an important legal principle, and clarified an area of
tax law.
The legal principle established is that the courts may look to
Hansard, the record of Parliamentary proceedings to see what the
purpose of an Act was in deciding how to interpret it. This is a modern
form of what is known as the mischief rule.
The case clarified the tax law on what constitutes the cost of an
employee benefit. A teacher of a private school was allowed to have his
son educated there for a much reduced fee. It was accepted that this was
a taxable benefit in kind to the extent that the cost of the education
exceeded the sum paid by the teacher. The dispute was whether the cost
was the marginal cost of educating one extra pupil (basically food,
stationery, laundry etc for one pupil) or was the direct cost which
includes all the school’s overheads divided by the number of pupils.
All the courts up to the Lords held that the Act was written so that
the direct cost had to be used, which resulted in a much larger figure.
The Lords held they could look to the Parliamentary debate and held it
was the marginal cost.
per autre vie Latin: for the life of another. The term is often used in respect of
tenancy agreements.
perceived value Where the value of an item appears to be greater than its real cost.
Perceived value is more of a marketing term, as it is a way of conferring
benefit in a cost-effective manner. Perceived value may apply to
tangible items, common examples of which include mugs, pens, books
and calculators. All these items cost little to acquire in bulk but seem to
be worth significantly more, which is why they are widely used as
promotional gifts. Perceived value may also apply to financial
arrangements, such as loyalty schemes, employees’ assistance
programmes, legal insurance and payment protection insurance.
statutory sick pay paid in a period to the extent that it exceeds 13% of
his total national insurance payable.
perfect entry “Entry made in accordance with regulation 5 of the Customs Controls
on Importation of Goods Regulations 1991 or warehousing regulations,
as the case may require” (Customs and Excise Management Act 1979
s1(1)).
perforation Series of holes in a straight line which makes it easier to tear the
document in the right place. Cheques and postage stamps are often
perforated.
Period A Term used in connection with EIS relief to mean the period from when
the investee company was incorporated or (if later) two years before the
shares were issued, and ending before the termination date relating to
the shares (Income Tax Act 2007 s159(2)).
Period B Term used in connection with EIS relief to mean the period from when
the shares were issued and ending immediately before the termination
date relating to the shares (Income Tax Act 2007 s159(3)).
Period C Term used in connection with EIS relief to mean the period starting 12
months before the issue of the shares and ending immediately before
the termination date relating to them (Income Tax Act 2007 s159(4)).
period entry For Customs purposes, the period within which the quantity of goods
specified by a licence must be imported or exported.
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period for filing In company law, the period allowed for the filing of company accounts
(Companies Act 2006 s441(2)).
periodic charge Another name for the ten-yearly charge of inheritance tax applied to
many types of trust.
periodic payment For stamp duty, periodic payments may generally be regarded as part of
the transaction value for a period of up to 20 years.
period of account Period for which a set of accounts are made up. In effect, it is the same
as an accounting period.
period of default “In relation to any tax which remained unpaid after the due date, means
the period beginning with that date and ending with the day before that
on which the tax was paid” (Taxes Management Act 1970 s59C(12)).
period of interruption In social security, old term for a break in employment such as for
sickness, maternity or unemployment. Such a period may trigger an
entitlement to a social security benefit.
period of retention Period for which shares are held under a profit-sharing arrangement
(Income and Corporation Taxes Act 1988 Sch 10 para 2).
period of validity For Customs purposes, the period within which the quantity of goods
specified by a licence must be imported or exported.
permanent difference Difference between a business’s taxable profits and the profits as stated
in the accounts. Such differences arise when accounting and taxation
treatments differ, such as for depreciation, entertainment and personal
expenditure.
Such differences are reflected immediately in the figure for tax.
They are not posted to deferred tax.
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permanent home “The country where a person intends to live for the remainder of their
life. It is the country whose laws decide, for example, whether a will is
valid, or how the estate of a person who has not made a will is dealt
with when they die” (HMRC inheritance tax glossary).
per mille Per Thousand. The premium rate for some types of group insurance is
quoted per £1000 of benefit.
per my et per tout Latin: by the half and by the whole. The term is used in respect of joint
tenancy.
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perpetua lex est, nullam legem humanam ac positivam perpetuam esse, et clausia quae
abrogationem excludit, ab inition non valet
Latin: it is an everlasting law, that no positive and human law shall be
perpetual, and a clause which excludes abrogation is invalid from its
commencement.
perpetuities Term for attempts to dictate how property is held a long time into the
future. It is regarded as contrary to public policy for someone to be able
to tie up property for centuries into the future.
The present law is contained in Perpetuities and Accumulations Act
2009 which came into force on 6 April 2010. It creates a maximum
perpetuity period of 125 years. A will or trust deed may specify a
shorter period, but not a longer one. All pension schemes are exempted
from this limit (as previously a few pension schemes were caught).
The 2009 Act only applies to newly created trusts and estates.
Existing trusts and estates remain governed by Perpetuities and
Accumulations Act 1964, though trustees may opt into the 2009
provisions but with a 100-year accumulation period. The 1964 Act
generally imposes a limit of 80 years.
Trusts and estates created before 16 July 1964 are governed by
common law provisions against perpetuities. These provisions were
developed from the end of the 17th century. They generally restrict the
perpetuity period to the life of the settlor plus 21 years.
persistent discrimination Committing a further act of sex discrimination within five years of
being found to have committed a previous one. This can lead to an
injunction being issued under Sex Discrimination Act 1975 s71.
persona ficta Latin: artificial person. This means a legal person such as a limited
company, local authority or corporation.
personal account Account which records transactions with other parties, such as
customers, suppliers and staff, as against impersonal account which
records transactions not involving other parties.
personal allowance Amount an individual is allowed to earn in a tax year before becoming
liable to income tax. The rate is usually revised for each tax year,
though it has not kept up with inflation.
From 6 April 1990, there is a single rate which applies to all people,
male and female, married and unmarried. For older taxpayers, there is
an additional age allowance.
personal allowance Amount which almost all taxpayers may claim as a tax-free slice
against their income tax (Income and Corporation Taxes Act 1988
s257).
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personal applicant “A person who is applying for a grant of representation without the
help of a solicitor or other agent” (HMRC inheritance tax glossary).
personal capacity Legal ability which it is assumed all adults have to manage their affairs
until the contrary is demonstrated.
personal company For capital gains tax on gifts of business assets, a company where at
least 5% of the voting rights are vested in the individual (Taxation of
Chargeable Gains Act 1992 s165(8)).
personal computer (PC) Computer intended for everyday use in the home. Such a computer
typically uses the Microsoft Windows operating system.
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personal development Process by which a person develops to maturity. The four main
elements are:
● physical development, such as growing taller;
● perceptual development, such as seeing and hearing better;
● cognitive development, changes in thought processes,
memory and language abilities; and
● personality and social development, which deals mainly with
interpersonal skills.
In the workplace, personal development tend to relate to the last two
in relation to the work to be done. The first two largely happen in
childhood.
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personal income Income received by an individual from all sources before tax and other
liabilities are paid.
personal liability notice For national insurance, a notice that may be served on culpable officers
of a company, requiring them to meet any shortfall of the company’s
contributions (Social Security Administration Act 1992 from s121C).
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personal organiser Personal file in which pages may be inserted as desired. Such a file is
generally used as a diary, address book and for storing basic reference
material of particular interest to the user. The leading example is the
Filofax, which is sometimes used as a generic name but is a trade name.
personal pension A pension plan which produces income and possibly a tax-free lump
sum on retirement or death. Personal pensions commenced in July 1988
and are designed to allow anyone who is either employed but not a
member of an occupational pension scheme or self-employed to make
provision for a pension in retirement. Personal pensions can be used to
'contract out' of the State Earnings Related Pension Scheme. Employers
can normally contribute to the personal pension of an employee.
Employees who are members of an occupational scheme cannot
contribute to their own personal pension plan. 2. Personal pensions are
a way of making your own pension provision if you are not a member
of an employer's scheme. The return from a personal pension or part of
it can be used to pay off the capital sum of a mortgage at the end of the
mortgage term usually 25 years or, sometimes, earlier. They have the
benefit of being tax efficient but to find out if they are suitable you
should discuss with your financial adviser.
personal pension scheme A pension scheme previously approved by the Board of Inland Revenue
under Income and Corporation Taxes Act 1988 s361.
Such a pension scheme must be established in accordance with
Finance Act 2004 s154(1). A personal pension scheme is one so
established which is not an occupational pension scheme (Pension
Schmes Act 1993 s1(1)).
personal property Property other than land and buildings, also known as personalty. Land
and buildings are real property.
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personal security Expenditure that relates to protecting people, rather than property.
From 6 April 1989, tax relief may be claimable for such
expenditure.
personalty Property other than land and buildings, also known as personal
property.
personal welfare LPA A form of lasting power of attorney (LPA) that may be made from 1
October 2007 under Mental Capacity Act 2005.
An individual who is at least 18 and has mental capacity may make
such an LPA. It appoints a person (the attorney) to make decisions
about the individual if he or she loses mental capacity. Under this LPA,
the attorney may make decisions about the individual’s general welfare,
including consent for medical treatment.
person in default For tax, the person who is responsible for the non-payment of tax and
against whom proceedings may be commenced under Taxes
Management Act 1970 ss61-70A.
person in default Person who may be liable under provisions relating to fraudulent or
negligent conduct under Taxes Management Act 1970 s36.
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person’s estate The amount left by a person on death on which inheritance tax may be
charged. Inheritance Tax Act 1984 s5(1) defines this as “the aggregate
of all the property to which he is beneficially entitled” except for
interest in possession trusts, excluded property, and foreign works of
art being exhibited in the UK.
persons providing benefit In relation to taxation of assets provided to an employee “are the person
or persons at whose cost the benefit is provided” (Income Tax
(Earnings and Pensions) Act 2003 s209).
per stirpes Latin: by stock or branches. The term relates to how property is divided
between descendants.
A common example is when property is divided between children
of the deceased. If one child has already died, that child’s share is
divided between the children of that child.
persuade Bring someone to the point where they agree to act, rather than to
convince which merely brings them to the point of belief. You may
convince someone they owe tax, and then persuade them to pay it.
persuasive precedent Decision of a court case which influences future decisions of courts
where the facts are similar, but where the decision falls short of a
binding precedent.
Persuasive precedents often arise from obiter dicta, or from
decisions of courts in other jurisdictions but which have a similar
system of law.
per-unit tax A per-unit tax is a tax that is charged as a fixed amount on each unit of
the good. Most excise duties are per-unit taxes.
persuade Strictly speaking, you convince someone of another view, and persuade
them to do something. However this distinction is not always observed.
pesticides tax A proposed tax suggested in 1999 to deal with environmental concerns.
In the event, those concerns were addressed without the need to
introduce this tax.
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pet Animal kept for companionship and affection rather than for work.
Such status of an animal can determine whether its food is subject
to VAT, and how the animal may be imported through Customs.
pet food Food specifically prepared for pets. Such food is standard-rated for
VAT. However food for humans or for working animals is generally
zero-rated, even if sold for pets. The full scope is set out in VAT notice
701/15.
petitioning creditor Creditor who presents a petition for a debtor to be declared insolvent.
petitio principia Latin: inclining towards the beginning. In logic and advocacy, a false
argument that assumes what it is trying to prove or demonstrate. In
other words, it begs the question.
petty cash book One of the prime books of account, which relates to petty cash.
Typically, the left-hand side records cash paid in. This is usually a
memorandum account outside the bookkeeping as these amounts are
entered into the nominal ledge from the bank account book from which
the cash is drawn. If cash is received from another source, such as a
cash sale, provision must be made to ensure that this is properly
recorded in the financial accounts, possibly by a journal entry.
The right-hand side of the book records payments from petty cash.
These are analysed under categories of expenditure for eventual posting
to the profit and loss account via the nominal ledger.
petty cash Ready cash kept on the premises for small items of expenditure.
petty cash voucher Document which authorises payment from petty cash.
phantom Share against whose price a cash price is based even though there is no
direct or indirect ownership of that share.
The term was coined in HMRC guidance on employee share plans.
Such a provision is not illegal, but special provisions apply when used
in an employee share scheme. This is only likely to happen in an
avoidance scheme.
phantom stock plan Benefit plan for employees that is equivalent to the employees holding
shares but without actually doing so.
phased retirement “When the deceased has divided their pension entitlement into a series
of segments and has agreed a plan of retirement with their pension
provider to take so many segments each year” (HMRC inheritance tax
glossary).
philanthropic For VAT and such bodies, the term refers to “good work for the direct
benefit of the general community or to a particular section of the
community or designed to promote the well being of mankind” (VAT
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notice 701/5).
philanthropic advisor American term for an individual or firm that provides counselling and
evaluative services to donors before and after grant making decisions.
philosophical For VAT and such bodies, “the advancement of a particular way of
thinking but which are not of a political or religious nature” (VAT
leaflet 701/5).
phoenix company Company which “rises from the ashes” of another company. A common
example is when a company goes into liquidation with unpaid debts,
only for another company run by the same people in the same business
activity, and often with a similar name, to appear.
The term comes from the bird Phoenix of Egyptian mythology. It
died by burning in a fire from whose ashes another Phoenix would
arise.
phoney war Term used in 1940 when there was no obvious sign of war from
Germany in England.
photocard A card which has a photograph of the holder to help identify the person.
Modern driving licences and most security passes are photocards.
physical asset Asset which has a physical form, as against an intangible asset.
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physical market Commodity market where purchasers actually buy the products, as
against a futures market.
PI Proprietor’s interest.
piano rolls Rolls of perforated paper which operate a pianola or other type of
player piano.
It is standard-rated according to VAT notice 701/10, and does not
benefit from the zero-rating for printed music under Value Added Tax
Act 1994 Sch 8 Group 3.
pie chart Graphic representation where elements of the whole are shown as
sectors of a circle, like slices of a pie.
piece rate Method of paying employees or other workers according to what has
been produced, such as £2 for each item assembled.
piece worker A person who is paid according to units of production rather than time.
A piece worker must be paid the national minimum wage on the time
work basis.
pig ark Piece of curved material to make a simple kennel-like protection for
outdoor pigs. This qualifies as plant and machinery (at the higher rate)
in the pig industry (HMRC Brief 03/2010 issued on 23 February 2010).
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pig tent Form of protection for outdoor pigs. This qualifies as plant and
machinery (at the higher rate) in the pig industry (HMRC Brief 03/2010
issued on 23 February 2010).
Pigovian tax Tax that is imposed partly or wholly to dampen down a demand for
social purposes. Examples include taxes on alcohol, tobacco and petrol
to reduce their consumption. The name comes from the economist
Arthur Pigou (1877-1959, England) who developed such economic
theories.
Pilcher The case that determined the tax treatment for crops on land. The full
name of the case is CIR v Pilcher [1949] 31TC314. It is discussed in
the Inspectors’ Manual at BIM35410.
pilotage Pilotage is generally zero-rated under Value Added Tax Act 1994 Sch 8
Group 8.
pinball machine For VAT purposes, this is regarded as an amusement machine (VAT
notice 701/13).
pipe tax Tax charged between 1696 and 1699 as an addition to tobacco duty on
all pipes used for smoking. It was abandoned because it was difficult to
collect.
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PIW Period of incapacity for work, for payment of statutory sick pay.
place of belonging Country where a supplier or customer belongs. It can determine where
services are made and who accounts for any VAT due.
place of business For tax, “(a) the place where the trade, profession, vocation or business
with which the proceedings are concerned is carried on, or (b) if the
trade, profession, vocation or business is carried on in more than one
place, the head office or place where it is mainly carried on” (Taxes
Management Act 1970 Sch 3 para 2(5)).
place of residence For tax, a person’s usual place of residence or, if that is unknown, the
person’s last known place of residence (Taxes Management Act 1970
Sch 3 para 2(4)).
place of supply For VAT purposes this is where a supply is treated as being supplied, or
made and is the place where it is liable to pay any VAT.
plain vanilla swap Interest rate swap where a company with fixed interest borrowings may
exchange them for variable rate borrowings.
planned economy System where the government plans the economy, as in a Communist
system. Except in emergencies such as war, no planned economy has
worked.
planning blight Loss of land’s value because of proposed plans to develop nearby land,
such as house prices which are depressed because of plans to build or
develop a nearby airport.
planning gain supplement Proposal announced in 2005 to allow local authorities to impose a
charge on planning permissions to help fund infrastructure. The plan
was dropped in 2007.
This was the fifth attempt to introduce such a charge. The first was
a betterment charge made under Housing, Town Planning etc Act 1909
which operated before the war. The second was a development charge
from 1947 to 1953. The third was a betterment levy under Land
Commission Act 1967 which lasted until 1970. The fourth was
development land tax which operated from 1976 to 1985.
This proposal has been abandoned, though some preparatory work
was undertaken under the Planning-gain Supplement (Preparations) Act
2007.
plant and machinery Fixed assets used for the production of a business’s goods. It includes
tools, machinery, furniture, vehicles, computers and similar.
Plant and machinery attracts a capital allowance for income tax or
corporation tax. A distinction is made between equipment with which
the business operates (which qualifies as plant and machinery), and
equipment in which a business operates (which is an industrial
building).
For capital gains tax, plant and machinery is always regarded as a
wasting asset (Taxation of Chargeable Gains Act 1992 s44(1)(c)).
plants For VAT purposes, plants are zero-rated if used for human or animal
consumption. Other plants, such as those for ornamentation, are
standard-rated.
This term is used in Customs notice 34, but for other purposes the
term plant breeders’ rights (PBR) is usually preferred.
Customs may seize goods that breach these rights.
plastic money Collective term for credit cards, charge cards, debit cards and other
means of payment by a plastic card.
playing cards duty Excise duty charged between 1463 and 1960 on packs of 52 playing
cards.
plc Public limited company. Such a company must put the letters “plc”
after its name (Companies Act 2006 58(1)) or the Welsh equivalent
“ccc”.
pleasure craft In relation to excluded leading activities for venture capital trusts, the
term means “any ship of a kind primarily used for sport and recreation”
(Income Tax Act 2007 s305(8)).
pledged giving System by which church or charity members promise to make regular
contributions.
A taxpayer may make such gifts under Gift Aid that allows the
church or charity to recover income tax at the basic rate. Tax at higher
rates is reclaimed by the taxpayer.
PLR (1) Estate Gazette Planning Law Reports, a series of law reports
published since 1988.
(2) Public lending right.
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plug and play Colloquial term for tax avoidance schemes where standardised
documents and transactions are made available for the client to use. All
such schemes must be reported to the tax authorities from 1 August
2006.
PMA general pool Value of a business’s plant and machinery which is subject to capital
allowance which have yet to be given in a tax computation. Each year,
new acquisitions are added, disposals are subtracted, and the balance is
reduced by the capital allowance for that year.
The general pool includes all plant and machinery which tax law
does not require to be separately recorded. This includes long-life assets
and integral features which have a lower rate of capital allowance.
poet An artist, sculptor, poet, composer or other creator of art may average
profits over three years under certain conditions (Income Tax (Trading
and Other Income) Act 2005 s221).
point In printing, the size of letters where 72-point indicates that the lines of
type are inch apart. This does not mean that the letter is one inch high.
point of sale scheme This works by identifying the tax liability of goods and services made
at the time of sale. This usually means using a till system that is capable
of distinguishing between goods sold at different rates of tax.
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policy reserves Amount of the funds that a life insurance company holds specifically
for fulfilment of its policy obligations.
policy term Period of time for which an insurance policy provides coverage.
political fund Fund operated by a trade union to support a political party (usually
Labour). It may be collected from workers as an addition to his union
dues, but no worker can be compelled to contribute. Such donations are
regulated by Trade Union and Labour Relations (Consolidation) Act
1992 ss71-108.
political levy A sum collected by trade unions in addition to the normal trade union
dues. The political levy is passed to a political party supported by the
trade union, which is almost always the Labour party. If the employer
operates the check-off system for collecting trade union dues from
wages, the political levy may also be collected.
A trade union member has the right not to pay this levy under Trade
Union and Labour Relations (Consolidation) Act 1992 s86. An
employee who believes that the political levy is being deducted from
his pay unlawfully may make a complaint to the employment tribunal.
political organisation Political party, independent candidate in an election, or any body which
seeks to influence how people vote in an election or referendum
(Companies Act 2006 s363(2)).
poll tax (1) A fixed fee on all men and women except beggars charged between
1377-1381, originally imposed at 4d a person.
Higher rates applied for people esquires and those of higher
standing. In 1380, the rate was increased to one shilling for everyone
except beggars. It led to Peasants Revolt of 1381. The tax was revived
in 1513.
(2) Three taxes imposed in 1660, 1666 and 1677/78. These taxed social
position, professional status, real and personal property, and the newly
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polygamy Having more than one wife. A person who goes through a ceremony of
marriage knowing that he or she is already marriage commits the crime
of bigamy. UK law only recognises a marriage to one person at a time
(Hyde v Hyde [1866]). It is an offence for a British person to contract a
polygamous marriage even in a country which permits it.
In other countries, polygamous marriages are permitted. If the
parties to a polygamous marriage come to the UK, the law generally
recognises the first husband or wife as such. However, there are some
provisions which allow recognition of other husbands or wives for such
areas as social security benefits, though the law is complex.
Ponzi fraud Investment fraud where supposedly high returns are simply paying
early “investors” from money from later investors. It is named after
Charles Ponzi who engaged in the practice.
pool betting Form of gambling where the prize money is a share of the sum staked
(Gambling Act 2005 s12).
Customs notice 147 makes clear that this includes when:
• the winners share the stakes paid;
• the winners share a fixed amount; or
• the winnings are at the discretion of the promoter or some
other person.
The betting must not be at fixed odds. Pool betting usually means
the football pools, but it can extend to other forms of betting.
Such betting is subject to pool betting duty.
pool betting duty Tax charged on pool betting. It is calculated as 15% of net pool betting
receipts (or gross profit). In Customs notice 147, these receipts are
calculated as S + E – W, where S is total stakes, E is total of expenses
and profits and W is winnings. All figures must relate to the same
period.
pool betting licence Licence issued by Gambling Commission to someone who provides
facilities for pool betting (Gambling Act 2005 s65(2)(d)).
pooled car Car provided by an employer for business use only. Ordinarily an
employee is not assessed to tax on the benefit of using such a car
(Income Tax (Earnings and Pensions) Act 2003 s167).
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pooled investment fund Means to bring together the investments of many people or
organisations and using the combined funds to obtain economies of
scale and investment management skills not available to individuals.
Examples include unit trusts, investment trusts, etc.
pooled van Van provided by an employer for business use only. Ordinarily an
employee is not assessed to tax on the benefit of using such a van
(Income Tax (Earnings and Pensions) Act 2003 s168).
pooling risk Minimising risk by spreading it, such as by underwriting one tenth of
the risk in ten insurance policies rather than underwriting the risk in the
whole of one policy.
poor law Laws which regulated relief from poverty provided between 1601 and
1948. A common theme was to classify poor people as deserving or
undeserving. The former victims of misfortune should be helped, while
the latter were lazy and should not be helped.
From 1552, parishes collected details of their poor. Magistrates
provided piecemeal assistance in the form of work and grants. The Poor
Law Act 1601 formalised the procedure of supporting the impotent
poor and making the able-bodied work, mainly in the workhouse.
With variations, this system continued under a Royal Commission
of 1832 into the poor law. This concluded that the poor law itself was
becoming a cause of poverty, leading to the Poor Law Amendment Act
1834. This made workhouse conditions harsher as a means of
encouraging the able-bodied to take work. As welfare provisions were
introduced between 1906 and 1914, the poor law became less relevant.
Workhouses were abolished under Local Government Act 1929. Other
elements of poor law were transferred to local authorities before their
final abolition in 1948.
portable drive Hard disk in a case which can be connected to a computer for the access
to large amounts of data. It is also used for security, as it avoids the
need to keep sensitive data in a computer.
porter Type of dark beer, subject to beer duty. Historically the term has been
used for other meanings.
portion In executorship, this word has a specific meaning of the part of the
estate left to a child or person to whom another stands in loco parentis.
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portfolio management Buying and selling shares with a view to making a profit.
portfolio theory Basis which an investor or his broker adopts for investing for a
particular client.
Portugal Member state of the European Union, which includes the Azores and
Madeira.
position audit General review of a business, particularly the elements which are not
financial in themselves but impact on the finances. A position audit
may consider such matters as product mix, marketing, fulfilment,
customer service, management, workforce satisfaction and return to
shareholders.
positive carry Deal where the cost of finance is less than the overall return.
positive discrimination Policy of favouring certain categories of people who are seen as
disadvantaged, such as women, blacks or the disabled. In the USA, such
policy is usually called affirmative action.
Positive discrimination is generally illegal in the UK as it is still
discrimination. There are some exceptions. For example, Race
Relations Act 1976 s38 allows for separate workplace training for
particular racial groups. The 1998 Good Friday Agreement in
Northern Ireland requires the police force there to recruit equal numbers
of Catholics and Protestants.
positive goodwill The normal goodwill where a business has a value greater than its net
assets.
positive yield curve Graphic representation of when the yield on a short-term investment is
greater than that on a long-term investment.
possession Having physical custody even though you may not own the goods.
Strictly speaking ownership is having a legal title to the goods
whereas possession is having custody. So if A lends a book to B, A is
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the owner and B is the possessor. However these terms tend to be used
more loosely in everyday parlance.
Legal rights attach separately. For example, the right to sell
generally vests in the owner, but any theft of the goods is generally
from the possessor.
For Customs purposes, duty may be charged on possessions of
travellers. Customs notice 3 says “generally speaking, ‘possession’
means ‘to have’ rather than ‘to own’”.
post and pray American term for job recruitment where a position is advertised and it
is hoped that good candidates reply.
post-balance sheet event Event that happens between the end of an accounting period and the
approval of the accounts for that period.
The tax implications of such hindsight are discussed in the
Inspectors’ Manual at BIM38560.
postal charge template Temple with two long rectangles cut in it. Postal packages can be
inserted into these holes to see whether the package is a letter or large
letter.
The amount payable is the face value plus a fee, previously known as
poundage. Postal orders are preprinted in various amounts where odd
sums are added by affixing postage stamps. Post orders can be
redeemed for the face value by the recipient at the post office in UK or
more than 40 other countries.
The postal order is completed in a way similar to a cheque, and can
have the same crossings. It has the advantage that neither the sender
nor recipient need have a bank account.
post balance sheet event Event that happens after the date of the balance sheet. If the event
happens before the accounts are signed and is significant, it must be
disclosed in a note to the accounts.
post-cessation There are special tax provisions for income received and expenses
incurred after a trade has ceased.
Broadly, income is taxed but not as trading income.
From 29 November 1984, post-cessation expenses may generally be
offset against post-cessation income.
postdated Given a later date, usually on a cheque. Such a cheque may not be paid
in until that later date.
Postdating does not affect the validity of the cheque or bill of
exchange (Bills of Exchange Act 1882 s13(2)).
poster For VAT purposes, a poster is not within the scope of books and
therefore is not zero-rated under Value Added Tax Act 1994 Sch 8
Group 3, according to VAT notice 701/10.
post mortem Latin: after death. The term is widely used to mean a post-mortem
examination.
postnominal letters Letters a person is entitled to put after his or her name, also known as
designatory letters.
post-policy holder surplus Term used in Income and Corporation Taxes Act 1988 s444AJ in
relation to taxation of life assurance companies.
postponed debt In Scottish insolvencies, a debt that ranks after other debts, as set out n
Bankruptcy (Scotland) Act 1985 s51.
postponed entry Delay in the importation of goods. The Customs implications are set out
in Customs and Excise Management Act 1979 s37B.
post purchase costs Costs incurred after a purchase has been made, particularly of capital
expenditure on a fixed asset which is designed to reduce costs.
post-shipment declaration
A full statistical export declaration submitted to the CHIEF system after
goods have been exported. A post shipment declaration is required
following the export of goods under the Simplified Declaration
Procedure (SDP) and Local Clearance Procedure (LCP).
post-war credits Additional tax imposed during the war to be refunded to taxpayers
afterwards. They were introduced by Finance Act 1941 s7 by reducing
tax allowances. They were repaid under Income Tax (Repayment of
Post-War Credits) Act 1959 in stages until 1973. In 1996, it was stated
in Parliament that £33 million remained unclaimed.
They are still referred to in tax law. Income and Corporation Taxes
Act 1988 s824(7) states that their repayment is excluded from the scope
of repayment supplement.
potential ordinary share Financial instrument or equivalent right that may entitle the holder to
acquire ordinary shares (FRS 14).
pound (1) Main unit of currency in the UK for more than 2000 years. It is
indicated by the sign £ before the amount. This is a fancy form of the
letter L for the Latin “librum”. The pound is divided into 100 pence
since decimal currency in 1971. Previously it was divided into 20
shillings, each of which was divided into 12 pence. The pound is also
the term used for the currencies of Cyprus, Egypt, Lebanon, Malta,
Sudan and Syria. It was the unit in the Irish Republic until it adopted
the euro.
(2) Imperial unit of weight, denoted by the letters “lb” after the
number. There are 16 ounces in a pound There are 14 pounds in a stone,
112 in a hundredweight and 2,240 in a ton.
A pound is equal to 453.59237 grams. There are 2.2046 pounds to a
kilogram.
pound coin Coin worth one pound minted from 1983 as a replacement for the
pound note.
Historically there have been many gold coins, such as the sovereign,
worth one pound.
pound cost averaging Strategy for purchasing shares or other securities. Typically this
involves spending the same amount regularly each month buying shares
whatever their price. This strategy ensures that more shares are acquired
than if bought at their average price for the year.
For example someone spends £120 each month buying shares that
traded at £6, £8, £10 and £12 when bought. They will buy 20, 15, 12
and 10 shares respectively giving a total of 57. This equates to an
average share price of £8.42.
The investor would only have acquired 53 shares if they were
bought at the average price of £9.
pound in your pocket Term coined by prime minister Harold Wilson on 18 November 1967
when the pound was devalued by 14% from £1=$2.80 to £1=$2.40.
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power (1) In law, a legal right to alter the rights, duties or powers of oneself or
others.
(2) For VAT, a supply of power is treated as a supply of goods (Value
Added Tax Act 1994 Sch 4 para 3). As such, supplies for residential use
are generally reduced-rated under ibid Sch 7A Group 1, but standard-
rated for other supplies.
power of appointment Right for one person to appoint someone else to a particular position.
Such a power is usually given in a deed or will.
power of maintenance Power provided by a will or deed giving trustees the power to spend
income of trust property on the maintenance and education of children
who will be the ultimate beneficiaries.
The power is given by Trustee Act 1925 s31.
power player Person who uses their position in an organisation for improper
purposes, such as to secure personal financial benefits (such as
backhanders) or for sexual harassment of junior staff.
power to enjoy Term used in determining whether a person benefits from income or
equivalent benefit, and thereby has a tax liability.
PPF Ombudsman Ombudsman for the Board of the Pension Protection Fund.
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practice file File of sample data provided with some software to give the user a
chance to learn how to use the software without using real data.
pre-acquisition write-down
Reduction in the fair value of a new subsidiary in the balance sheet of
its holding company.
pre-billing Practice of submitting a bill for services before they have been
provided.
precedence condition Term used in Corporation Tax Act 2010 s121 in relation to loss relief
for EEA tax losses. The condition relates to how far loss relief may be
claimed outside the UK.
The judgment of the court contains the ratio decidendi which states
the reason for the decision. It may also contain obiter dicta, which
refers to other comments made in passing.
A precedent is said to be a binding precedent if it establishes a rule
of law, or a persuasive precedent if it merely indicates a rule.
Persuasive precedents come from obiter dicta and from non-English
jurisdictions which have a similar system of law, such as the USA,
Australia or New Zealand.
It is open to a litigant to argue that a precedent should not apply in a
particular case by distinguishing it from the precedent. Otherwise a
precedent can be overturned only by a ruling from a higher court or by
legislation.
Where precedents are quoted, the citation must be given.
preceding year The year before the current one, particularly when that year is an
accounting period.
precious metal A metallic element which is used as a store of value. These coins can be
made into coins or ingots for storage. Precious metals tend to be less
reactive and more ductile than other metals. They also have a greater
lustre. Precious metals are also widely used for jewellery. Some have
other applications, such as for electrical conductivity.
The main precious metals are gold and silver, with the former being
more valuable. Other precious metals are platinum, palladium,
ruthenium, rhodium, osmium and iridium. The value of the metal
largely depends on its rarity.
The Financial Services Authority defines precious metals as gold,
silver and platinum.
pre-decimal currency Currency used in the UK before decimal currency was introduced in
1971.
Pre-decimal currency used the same basic unit of the pound, but this
was divided into 20 shillings, each of which was divided into 12 pence.
So there were 240 pence to the pound. The penny was further divided
into halfpennies and farthings (quarter pennies), which could be further
divided into half farthings, third farthings and even quarter farthings.
A decimal penny is worth 2.4 pre-decimal pennies.
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predominant activity For VAT on water, test to determine whether the customer is engaged
in industrial activities. Water to such a customer is generally standard-
rated. Details of the test are given in VAT notice 701/16.
pre-emption right Right of an existing shareholder to have the opportunity to buy new
shares before they are offered to others.
pre-entitlement gain For capital gains tax, a gain that accrued before being settled in a trust
and which subsequently was disposed of for a loss (Taxation of
Chargeable Gains Act 1992 s71(2A)).
pre-existing condition In insurance, any physical or mental conditions that exist prior to the
effective date of insurance coverage.
preference A system under which eligible goods imported into the EU from certain
non-EU countries qualify for a reduced (often nil) rate of Customs
Duty. These arrangements also cover EU goods exported to the non-EU
country.
preference In debt recovery, favouring one creditor over another. This is unlawful
once insolvency proceedings have started.
preference shares Shares in a company which give the holder a preference (although not
an automatic right) to receive a dividend before any ordinary share
dividend is declared.
preferences In computing, part of the software which allows the user a choice in
such matters as how data is presented on the screen.
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preferential debt Expense which ranks before all other debts except the fees and
expenses of the insolvency practitioner.
preferential share Shares which are part of a new issue set aside for the company’s
employees.
pregnancy-related illness
An illness caused by pregnancy. An illness is not pregnancy-related if
the pregnancy merely exacerbates it. Pregnancy itself is not an illness.
The decision on whether an illness is pregnancy-related must be
made by the employer, for which official guidelines are available. If
there is doubt, the employer should seek medical advice. An employer
is expected to consider representations from the employee before
deciding that a condition is pregnancy-related.
If a woman contracts a pregnancy-related illness in the four weeks
before the expected week of childbirth, the start of the illness
automatically starts the maternity pay period (MPP) (assuming that
the woman is eligible for statutory maternity pay and has not already
chosen to start her MPP).
pre-incorporation contract
Contract made on behalf of a company before it is formed (Companies
Act 2006 s51).
The person who makes the contract is personally liable under it
unless the company agrees to ratify the contract.
pre-invoicing Invoicing before the normal date. If this is done to avoid a forthcoming
increase in the rate of VAT, the supply may be caught by anti-
forestalling provisions.
preliminary announcement
The first announcement by a listed company of its profit for the most
recent accounting period. This precedes the publication of the full
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preliminary issue In tax cases, a matter dealt with before the hearing on the substantive
issue. A preliminary issue is often on an administrative matter such as
whether a claim was in time, or if the tribunal has authority to hear the
issue.
premises licence Licence from a local authority with regard to particular premises
(Licensing Act 2003 s16ff).
premium bond National Savings product but where the interest is not paid but
converted into prizes which are allocated on the basis of producing
random numbers.
premium income Income which an insurance company receives from premiums from its
customers.
premium rate Telephone number that attracts a much higher charge, usually because
part of the payment is paid to the caller. The most expensive premium
numbers start 09. Other premium rate numbers start 070, 0844, 0845,
0870 and 0871.
Such numbers are subject to OFCOM regulation under
Communications Act 2003 s120.
prenuptial agreement Agreement made between two people before they marry on what
happens if they separate. Such agreements are common when one party
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pre-owned assets (POA) Property that someone owned at some point from 17 March 1986, and
which is no longer owned by them though they continue to receive
some benefit. From 6 April 2005, an income tax charge can arise.
The law is contained in Finance Act 2004 Sch 15, and in Finance
Act 2007 s66. Regulations are contained in SI 2005 No 724.
This measure is an anti-avoidance measure to stop exploitation of
the rules for gifts with reservation. So a new owner may elect to bring
the assets within the scope of his estate. This puts it outside the POA
regime. Details are given in leaflet IHT 500.
pre-preferential debt Expenses and fees of the insolvency practitioner, which are paid before
all other debts.
prepayment certificate In medicine, an annual season ticket for prescription charges. Such a
ticket is issued for three months or 12 months. It is usually cost
effective to buy such a certificate if the patient would otherwise pay for
four prescriptions in three months or 14 in 12 months.
The legal definition is “a certificate which confers on the person to
whom it is granted exemption from charges otherwise chargeable under
the regulations in respect of drugs, medicines and appliances supplied
during such period as may be prescribed” (National Health Service Act
2006 s174).
prepayment penalty American term for an additional charge made when a loan is repaid
before the due date.
pre-registration expenses Goods and services received before registration for VAT and on which
there is an entitlement to claim the VAT as input tax.
The entitlement is three years for goods, and six months for
services.
prescribed area For Customs purposes, “means such an area in Northern Ireland
adjoining the boundary as the Commissioners may by regulations
prescribe” (Customs and Excise Management Act 1979 s1(1)).
prescribed occupation Any of the following occupations - Athlete, Badminton Player, Boxer,
Cricketer, Cyclist, Dancer, Diver (Saturation, Deep Sea and Free
Swimming), Footballer, Golfer, Ice Hockey Player, Jockey – Flat
Racing, Jockey – National Hunt, Member of the Reserve Forces,
Model, Motor Cycle Rider (Motocross or Road Racing), Motor Racing
Driver, Rugby League player, Rugby Union Player, Skier (Downhill),
Snooker or Billiards Player, Speedway Rider, Squash Player, Table
Tennis Player, Tennis Player (including Real Tennis), Trapeze Artiste,
Wrestler.
prescribed scheme Any of the following schemes: The Armed Forces Pension Scheme,
The British Transport Police Force Superannuation Fund, The
Firefighters’ Pension Scheme, The Firemen’s Pension Scheme
(Northern Ireland), The Police Pension Scheme, The Police Service of
Northern Ireland Pension Scheme, The Police Service of Northern
Ireland Full Time Reserve Pension Scheme.
prescribed use The final use to which goods will be put and which entitles them to End
Use relief, this is normally specified in the Tariff.
presence State of being in a particular place. The term is used in such contexts as
claiming tax credits, for which presence in the UK is a requirement.
present fairly A condition of the IASB system, equivalent to true and fair view in
the UK ASB system.
present gravity (PG) Current gravity of beer. Customs notice 226 explains how this may be
used to determine alcoholic strength for payment of beer duty.
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inflation.
presentation of goods The notification to customs in the manner laid down of the arrival of
goods at the customs office or at any other place designated or
approved by customs.
pre-sorted mail Service provided by Royal Mail where items are delivered having been
sorted for different departments, such as sales and accounts.
presumption of legitimacy In law, the presumption that the mother’s husband is the father of her
child. This presumption may be rebutted by contrary evidence.
pre-trading expenditure Tax relief under Income and Corporation Taxes Act 1988 s401.
pre-trial review Private hearing with the judge before a court case.
pressure to discriminate An attempt “to induce, or attempt to induce, a person to do any act”
contrary to the Act. It is an offence under Sex Discrimination Act 1975
s40.
presumption of death Court order which declares that someone is presumed dead.
Civil Partnership Act 2004 s55. Absence of 7 years and no reason to
assume still alive.
pre-tax net income American term for a corporation’s annual net income before it has paid
taxes.
pre-tax profit margin Pre-tax margin as a percentage of turnover as shown in the profit and
loss account.
pre-tax profit Net profit of a business before income tax or corporation tax has been
deducted.
previous period Description of an accounting period immediately before the one under
consideration.
previous year basis (PYB) Method of determining the basis period for calculating income tax for
trades before 1994.
Broadly, PYB taxed profits in the year to the accounting date in the
previous tax year. Since 1994, taxation applies to profits in the year to
the accounting date in the current tax year, which is one year later.
There were transitional provisions when the change of basis period was
made. There were special provisions for the first two years and last two
years of the business.
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price control Any legal provision which attempts to restrict the freedom of sellers to
charge what price they like.
price differential Difference between two prices, particularly when expressed as a ratio
rather than as an amount.
price ending Practice of selling goods for a price ending in 99p or similar rather than
rounding it to a convenient figure. An explanation of this practice is
given under odd pricing.
price fixing Agreement between suppliers to control the prices at which they offer
their goods or services. This is generally an offence under competition
law.
The case Guest Keen & Nettle folds Ltd v Fowler [1910] 5TC511
established that expenditure incurred on price-fixing is tax-deductible.
price insensitive Description of goods or services where sales are largely unaffected by
the price. This often happens because the price is insignificant to the
buyers, the buyers tend not to notice the price, or because the item is so
essential that it will be bought whatever the price.
price label Label attached to goods indicating the price at which they may be
bought.
price list List of goods or services which a business offers to provide with an
indication of the price that will be charged.
A price list itself does not constitute an offer whose acceptance
creates a legal contract. A price list is usually an invitation to treat.
price ticket Indicator attached to goods indicating the price at which they may be
bought.
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price war When two or more businesses compete for business by each trying to
reduce their prices below those charged by other businesses.
price-sensitive information
Information which, if known to the market, would affect the price of a
share.
PriceWaterhouse Coopers
One of the world’s largest accountancy and professional services firms.
It was formed in 1998 by the merger of accounting firm Price
Waterhouse with Coopers & Lybrand.
Price Waterhouse was started by Samuel Price in London in 1849.
He went into partnership with Edwin Waterhouse in 1865, becoming
Price Waterhouse & Co in 1874.
Coopers & Lybrand was started in 1854 by William Cooper. This
became Cooper Brothers in 1861 when his three brothers joined. In
1957, the firm merged with Lybrand, Ross Brothers and Montgomery,
an American firm formed in 1898 by William Lybrand.
pricing Policies and practices of determining prices for goods and services
offered.
pricing policy Policy for determining the prices at which a business’s goods or
services will be sold.
pricing science Use of various mathematical models in setting prices. Pricing science
was pioneered with the airline industry in the 1980s.
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primary commodity Farm produce which is traded in large quantities, such as cotton and
grain.
primary data The process of organising and collecting data for an organisation.
primary education Education for children who are at least 2 years old but under
compulsory school age (Education Act 1996 s2(1), as amended).
primary industry Industry which deals with a basic raw material, such as coil, iron or
grain.
primary lease period First period of a lease in which the payments are related to the value of
goods being leased.
The payment is usually calculated as the cost of the goods plus
interest. This period is usually followed by a secondary lease period
where the lease continues at a nominal charge.
primary market Main market for selling shares and securities, as against private
transactions in a secondary market.
primary poverty Poverty where a person earns insufficient to provide the basics of life. It
has a similar meaning to absolute poverty, but makes a distinction
between secondary poverty. The term was coined by Joseph Rowntree.
primary threshold Figure at which an employee becomes liable to pay class 1 national
insurance. For the years 2001/02 to 2010/11, the thresholds were known
as the earnings threshold as the figure was the same for employers.
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prime book of account Basic books in which financial records are kept.
prime minister (PM) Political leader of the country. The person also connotes First Lord of
the Treasury.
prime rate American term for the best rate at which a bank will lend to a customer.
prime time In marketing, the time when most people watch television and where
the advertising rates are therefore the highest.
primrose path Life of self-indulgence which leads to ruin. The expression is used by
Shakespeare in Hamlet and Macbeth.
PRIN Part of the FSA handbook that deals with principles for businesses.
Prince’s Trust Charity established by the Prince of Wales in 1976 to assist people aged
between 16 and 30 who are not in work. It is funded by donations,
largely from the public sector and from other sources, such as by
sponsored rock concerts.
The charity operates six activities:
● a business programme to help young people start a business;
● a team programme offering a 12-week personal development
course;
● Get Intos, short courses offering training and experience in a
specific sector;
● development awards in the form of small grants to provide
access to education, training and work;
● community cash awards to help young people set up
community projects;
● xl clubs which are held in schools.
Prince v Mapp Leading case on the general tax disallowance of surgery. The full
citation is Prince v Mapp [1969] 46TC169. It relates to a guitarist’s
injured finger and is discussed in the Inspectors’ Manual at BIM37945.
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principal charge Another name for the ten-yearly charge to inheritance tax, payable by
discretionary trusts and other relevant property trusts.
principal company For capital gains tax, a term sometimes used for a company and its 75%
subsidiaries.
printing calculator Calculator which has a facility to print out the data entered and its
answers.
prior importation Rule that Customs must allow for replacement products to be imported
before temporary exports are exported.
prior period adjustment Material adjustment to a prior accounting period because of a change
in accounting standards or the correction of a fundamental error (FRS
3).
prior period of loss Period of up to five years for which special conditions apply for a loss
from hobby farming or market gardening to be available for loss
relief (Income Tax Act 2007 s68(5)).
priority In law, any precedence or preference of one thing over another, such as
in payment of debts from limited funds.
priority classes Those people whom the government thought were the priority for
evacuation from London in 1938.
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priority debt Debt whose non-payment has serious consequences for debtor. These
are given priority in any debt management.
priority rules Rules for determining how to categorise income that otherwise falls
within two categories of income. These rules are found in Income Tax
(Trading and Other Income) Act 2005 s2, which refers to various later
parts of the Act.
prisage Form of taxation in kind common around 13th century which comprised
taking one cask of wine in ten, and one tenth or one-fifteenth of other
goods.
private banking Service offered by a bank to an individual of high net worth. Typically
the services include fund management, financial advice, portfolio
management and tax planning.
private benefits Benefits that an individual or firm receive when they are carrying from
consumption or production. In the case of consumption the benefits are
likely to be mainly satisfaction from consumption. For a firm, the
benefits will be the revenue received from the sale of the good or
service.
private company Any company which is not a public company (Companies Act 2006
s4(1)).
private costs Costs that are incurred to an individual or firm when they are carrying
out the activities of consumption or production. They are the costs that
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private debt Money owed by individuals, and not by companies, organisations, local
authorities or the government.
private enterprise Businesses which are owned by individuals and organisations and not
by the state. The term also refers to the economic properties of a system
where most supplies are thus provided.
private equity Company which specialises in buying other companies with a view to
turning them round for a quick profit. The companies are usually
companies which are not performing well.
Typically, the private equity business buys a company using heavy
borrowing (usually 70% to 90%) where the company itself pays the
interest making the company highly geared. The private equity
business often introduces a 100-day plan which often involves cutting
staff, closing inefficient divisions and making other quick savings.
Profits are taxed as capital gains which attract lower rates than
income tax on equivalent investments.
private foundation In the USA, a foundation that receives most of its income from, and is
subject to control of, an individual or other single or limited source. See
Foundation. Also in the US, the technical IRS term for an organisation
which is tax-exempt under Section 501(c)(3) and classified as a private
foundation under the Internal Revenue Code. In the US, a private
foundation is referred to as “having a 501(c)(3) status”.
private hearing For tax tribunals, a hearing to which the public is not admitted. A
private hearing may only be ordered for reasons set out in The Tribunal
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private income Income of a person other than their main means of support.
The term is often used to mean income of an employee from
activities outside the work, or of a wife or dependant from outside the
person who provides the main support (such as where the dependant
receives income from an inherited investment).
privately financed road Road whose construction has been funded by a private company. This
cost is recouped by charging a toll, or by receipts from the government
under the private finance initiative (PFI).
From 6 April 1995, such a road is specifically included in the
definition of industrial building.
private motor vehicle When visiting the UK any road vehicle solely for private use; bringing
a vehicle permanently into the EU, any road vehicle (and any trailer)
which is neither built, nor being used to carry more than nine people,
including the driver; carry goods and do any job apart from carrying
people. Further details are given in Customs notice 3.
private ownership Situation where goods or businesses are owned by individuals rather
than the state.
private placement Act of placing a new issue of shares with selected institutions rather
than offering them to the public or to institutions generally.
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private property Property which belongs to a person or organisation rather than to the
public.
private rented housing Tax provisions for Business Expansion Scheme are set out in Finance
Act 1988 Sch 4.
private residence relief Relief from capital gains tax on the gain from selling a person’s main
residence. The relief is given in Taxation of Chargeable Gains Act 1992
s222.
private sector “The part of a nation's economy which is not owned by the
government” (HM Treasury website).
private treaty sale “This is a privately arranged sale to bodies, such as the UK National
Museums and Galleries and the National Art Collections Fund. These
bodies are allowed to buy objects by private treaty in accordance with
the relevant legislative provisions” (VAT notice 701/12).
private use In tax, description of expenditure that is for personal use and not for
business use.
For VAT, the input tax cannot be reclaimed even though the trader
is registered for VAT and has a VAT invoice.
For income tax, such expenditure is not allowed as a tax deduction.
It should be noted that it is not necessarily wrong for personal
expenditure to be shown in a business’s profit and loss account. But if it
is, such expenditure must be added back in determining adjusted
profit.
In the context of whether a car or van is so available by an
employee for tax purposes, means “any use other than for the
employee’s business travel” (Income Tax (Earnings and Pensions) Act
2003 s118(2)).
For a heavy goods vehicle, the definition is “use other than for
travel which the employee is necessarily obliged to do in the
performance of the duties of the employment” (Income Tax (Earnings
and Pensions) Act 2003 s238(4)).
If part of a trader’s stock is taken for personal use, it must be added
back at its selling price and not its purchase price. For example, if a
grocer takes stock that he bought for £10 but sells for £16, he must add
£16 to his taxable profits.
For Customs and other import purposes, there are restrictions on the
amount of goods that may be brought in for private use. For vehicles,
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private warehouse A customs warehouse reserved for the warehousing of goods by the
warehousekeeper, ie the warehousekeeper is also the depositor of the
goods.
privately held company American term for company owned by a few individuals. It is a similar
concept to the UK close company.
privileged trusts Term used for trusts that are exempted from some tax provisions
because of their nature. The term particularly applies in respect of trusts
that are not caught by the 2006 changes of applying discretionary trust
rules to previously tax-advantaged trusts.
Privileged trusts now include:
• charitable trusts
• pre-2006 accumulation and maintenance trusts where the
beneficiaries inherit absolutely at the age of 18
•age 18-25 trusts
• trusts for a bereaved minor
• employee trusts.
privity of contract The general legal rule that only the parties to a contract may sue on it.
There are many exceptions to this rule, such as third parties to a
contract in addition to some exceptions relating to land.
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Privy Council means the Lords and others of Her Majesty s Most Honourable Privy
Council” (Interpretation Act 1978 Sch 1).
prize bingo Bingo where the prizes are other than cash.
prize competition Competition for which a prize is awarded and which is not gaming,
betting or a lottery (Gambling Act 2005 s339). This is not regarded as
gambling.
prize competition In gambling, something which requires a guess, such as the outcome of
a race, regardless of whether any money is staked (Gambling Act 2005
s11).
prize court Court established to determine whether a captured ship or aircraft may
be regarded as prize. [?]
prize gaming Gaming where neither the nature nor size of the prize played for is
determined by the number of persons playing or the amount paid to
participate (Gaming Act 2005 s288).
PRO Personal Reliefs Order - the Excise Duties (Personal Reliefs) Order
1992.
probate Legal recognition of a will. The process by which the Will of someone
who dies while living in England or Wales is validated.
A local Probate Office will issue a Grant of Probate to validate a
will and authorising the executors to administer the estate. This Grant
has the status of a decree of the High Court. Hence anyone dealing in
good faith with the executors named in the Grant has legal protection
against any other party claiming to represent the deceased.
probate duty A stamp duty imposed on the grant of probate under Customs and
Inland Revenue Act 1881. It is abolished.
probationary period Period at the start of an employment to see if the employee is capable of
doing the job. If the employee fails, he is usually fairly dismissed. If the
employee succeeds, the period ends and he becomes a permanent
employee. In marginal cases, the period is extended. The period is
typically six months.
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problem child Term sometimes used for a business or part of a business operating in a
growth market, and where its outcome is highly unpredictable and
therefore very difficult to value. It is also known as a question mark.
process For spirits duty, “an operation carried out in order to manufacture
spirits, including operations on spirits after their manufacture”
(Customs notice 39).
process costing Costing something by adding up the costs of each process which makes
up the whole.
processed date In the USA, the date that a charitable contribution was credited to the
account by the Charitable Gift Fund.
processed product Term used for customs duties. If product A is processed under
Customs control and becomes product B, the duty is paid at the rate
for product B. This is called a processed product.
process now, check later Principle now adopted in relation to most forms of tax return. HMRC
accepts returns from taxpayers at face value, processes them and runs
any checks later.
If HMRC later discovers an error, it may make a repair. A taxpayer
may make a return adjustment. It is known that most returns are
unchecked, and many errors go uncorrected.
processor In computing, the main part of the machine which does the data
processing and computing.
proclamation of emergency
Order made by the King or Queen in Council to Parliament which
invokes proceedings under Emergency Powers Act 1920.
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produced under licence Term used for beer duty when a small brewer produces beer for a large
brewer. Such beer does not attract the lower rate of beer duty for small
brewery beer (Customs notice 226).
producer gas Generic term for any kind of gas used for heating or power and which is
obtained by a process rather than occurring naturally. The main
producer gases are wood gas, town gas and syngas.
producers’ price index In the USA, a measure of the annual increase in the price of goods sold
by producers.
product life cycle The life stage of a product, includes, introduction, growth, maturity
and decline.
production department Part of a business which is responsible for producing goods for sale.
production order Order which a sheriff may make under Proceeds of Crime Act 2002
s380. The order is made on a person who has possession or control of
property belonging to a person subject to the Act. The subject of the
order must then deliver that property.
production order Order which may be made under Proceeds of Crime Act 2002 s345.
production unit Team of workers who have a collective responsibility for an area of
production.
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professional board Type of board of directors which shows concern for both the company’s
tasks and interpersonal relations between the directors.
professional body Organisation which oversees and represents the interests of a particular
profession.
Professional Group (PG) Body which represents taxpayers on a Working Together Steering
Group.
professional membership Fees for such membership are generally tax-deductible (Income Tax
(Earnings and Pensions) Act 2003 s343).
profit after tax Net profit after deducting a sum for income tax or corporation tax.
profit and loss Financial statement indicating how much profit or loss has been made
by a commercial entity over a period. The term is a misnomer as a
company makes either a profit or a loss. Companies have been obliged
to publish a profit and loss account since the passing of Companies Act
1929.
profit related Description of anything which is related to the amount of profit earned
by an organisation. An example is profit-related pay.
profit related bonus Bonus paid to a worker according to how much profit has been earned.
profit related pay (PRP) Amount of pay which is related to how much profit was earned.
Between 23 July 1987 and 31 December 1999, PRP attracted tax
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relief up to certain limits. Only half of PRP was tax-free before 1 April
1991.
profits à prendre In law, right exercised by one person in the soil of another, such as the
rights of pasture or digging for sand.
profit-seeking motive Desire for an organisation to make a profit for its owners or operators.
The presence of such a motive will usually make any profit or surplus
taxable. The absence of such a motive does not necessarily mean that
any surplus avoids tax. The matter is discussed in the Inspectors’
Manual at BIM24345 and elsewhere.
profit squeeze Any circumstance where profits are difficult to maintain. This may
result from government controls, increased competition or changes
within a business.
profit taking Selling an investment which is doing well to realise the profit currently
indicated in its value.
profit-related expense An expense of a business whose amount is related to the profits of the
business.
For tax, the issue is whether the expense is in truth a dividend or
share of the profit, in which case it is not tax-deductible. However,
relation to profits is not fatal to tax-deductibility as was shown in the
case British Sugar Manufacturers Ltd v Harris [1937] 21TC528. The
matter is discussed in the Inspectors’ Manual at BIM37830.
profits tax A tax on commercial profits levied from 6 April 1946 to 5 April 1965.
It replaced national defence contribution, and was succeeded by
corporation tax. During the second world war, there was an excess
profits tax. The profits were calculated on the same basis as Schedule
D Case I for income tax.
The tax was charged at a single rate which was 15% at the time of
its abolition, but had been as high as 30%.
profits Term used in Taxes Management Act 1970 to mean incomes or gains
which are subject to income tax or capital gains tax or (depending on
context) corporation tax.
A company may only pay dividends or other distributions from
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profits à prendre Legal right to take the produce from the land of someone else.
profit-sharing Any scheme which allows another person to share in the profits of an
enterprise. Most commonly this allows employees to share in the profits
of the employer.
The term was used for a tax-advantaged scheme which operated
between 6 April 1979 and 5 April 2002 which allowed employees to
receive up to £8,000 worth of shares tax-free provided they were held in
a trust for three years (longer periods before 25 July 1985). This scheme
has now been abolished in preference to all-employee share schemes.
The legislation was Income and Corporation Taxes Act 1988 Sch 9.
pro forma invoice A document issued before goods or services have been supplied to ask
for prepayment.
It is not regarded as an invoice for bookkeeping, VAT or any other
tax purpose.
progressive duty Old element of stamp duty where the rate increases according to the
length of the document. It is abolished from 1 January 1871.
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progressive tax Tax that takes an increasing proportion of income as income rises.
Income tax is an example.
prohibited name Name which a company is not allowed to use (Companies Act 2006
s53).
A name may not be used if it indicates a connection with a public
body or local authority which it does not have or if it contains words or
expressions which have been banned by regulation.
A name may also be prohibited if it uses characters or symbols
which are not permitted (ibid s57). A name may not be used if it is the
same or too similar to a name already in use (ibid s66).
prohibition order Order that legally prohibits some action or some person.
For housing, notice served under Housing Act 2004 s20 or s21
which imposes conditions on a domestic property where a hazard exists.
For pensions, an order made by the Pensions Regulator under
Pensions Act 1995 s3 which prevents a person being a pension fund
trustee.
prohibitive Description of a price which is so high that the goods or services are not
bought.
projected unit method In pensions, method of actuarial valuation that makes allowance for
projected earnings.
promissory estoppel Legal remedy under equity that certain rights cannot be enforced in
circumstances where it appears that the person’s conduct has accepted
the matter. The doctrine was developed in the High Trees case in 1947.
promissory note “An unconditional promise in writing made by one person to another
signed by the maker, engaging to pay, on demand or at a fixed or
determinable future time, a sum certain in money, to, or to the order of,
a specified person or to bearer” (Bills of Exchange Act 1882 s83(1)).
promotion money Money paid to the promoters of a company for their services in
launching it.
proof of criminal intent A matter for a court or jury to determine in a criminal trial under
Criminal Justice Act 1967 s8.
proof of removal Documentary evidence that goods have been removed from the UK to
another EU member state. Having and keeping such proof is a condition
of being able to zero-rate the supply. VAT notice 725 gives details.
proof spirit Old measure for identifying the alcoholic strength of drinks. This
system has now been replaced by alcohol by volume (abv).
The formal definition was contained in Customs and Excise Act
1952: “Spirits shall be deemed to be at proof if the volume of the ethyl
alcohol contained therein made up to the volume of the spirits with
distilled water has a weight equal to that of twelve-thirteenths of a
volume of distilled water equal to the volume of the spirits, the volume
of each liquid being computed as at fifty-one degrees Fahrenheit.”
Under this system, 100 degrees proof represented 57.27% alcohol
by volume, or 49.5% alcohol by weight. Proof spirit had a specific
gravity of 0.91984.
Pure alcohol is 175.25 degrees proof, or 75.25 “degrees above
proof”.
The USA used the same system but with a different scale. 100
degrees proof in the UK is equivalent to 114.2 degrees in the USA. The
USA now also uses alcohol by volume.
The term originated in the 18th century when sailors were provided
with free rum. To ensure this had not been watered down, it was
“proved” by soaking gunpowder in rum to see if it still ignited.
proper amounts of tax Term used in Guidance Notes to mean the amount of bank payroll tax
that a bank is expected to pay before engaging in any tax avoidance.
Property Acts 1925 Series of laws passed in 1925 that made major changes to the land law.
These were supplemented by further laws in 1926.
The six Acts of 1925 are:
• Administration of Estates Act
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property and affairs LPA A form of lasting power of attorney (LPA) that may be made from 1
October 2007 under Mental Capacity Act 2005. It is also possible to
make a personal welfare LPA.
An individual who is 18 and has mental capacity may make a
property and affairs LPA appointing someone (the attorney) to make
decisions on his or her behalf should the individual lose mental
capacity. This LPA allows the attorney to take such actions as paying
bills, collecting debts, claiming benefits, and selling property.
property development Activity which excludes a company from the scope of EIS relief. It is
defined for this purpose in Income Tax Act 2007 s196.
property development For venture capital trust purposes, this is defined as “the development
of land:
(a) by a company which has, or at any time has had, an interest in
the land, and
(b) with the sole or main object of realising a gain from the disposal
of an interest in the land when it is developed” (Income Tax Act 2007
s307(2)).
Section 307(3) defines interest in land.
property disposed of In insolvency, any sale or gift in the previous five years which appears
unreasonable or may have been intended to frustrate the insolvency.
Such sale or gift may be reversed.
property duty act Name briefly given to income tax when reintroduced in 1803.
property income Income from land and buildings, mainly in the form of rent. Before
2005, it was generally called Schedule A.
Property investment LLP A Limited Liability Partnership whose business consists wholly or
mainly in the making of investments in land and the principal part of
whose income is derived from that business.
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property tax Various taxes charged between the 12th and 14th centuries. The first
was charged between c1166 and 1170 on all animals, grain, household
goods and trading stock at 2d in the pound for the first year, and 1d for
each of the next three years. It was reimposed in the 12th century,
coming under the Exchequer from 1290. It was imposed at rates of
between one thirtieth and one ninth.
proportionate charge “An inheritance tax charge on a relevant property trust... which arises
when property in the trust ceases to be relevant property or where the
trustees make a disposition which reduces the value of the relevant
property. The main examples of property ceasing to be relevant
property are when the settlement comes to an end or when some of the
property is distributed to beneficiaries” (HMRC inheritance tax
glossary).
propping-up charge Term used in criminal prosecutions when a second offence is found
which does not justify a prosecution in itself but is brought to add
credence to the original charge.
proprietary company American term for a company which invests in shares of other
companies, similar to a British investment trust.
proprietary drug Drug which is made by a particular company and marketed under a
trade name.
proprietary trading When a broker also trades for its own benefit. This can lead to a conflict
of interest with clients.
proprietor In relation to excise goods this term includes the owner, importer,
exporter, shipper, or other person owning or being beneficially
interested in the goods.
proprietor in possession Possessor of land described thus: “land is in the possession of the
proprietor of an estate if it is physically in his possession, or in that of a
person who is entitled to be registered as the proprietor of the registered
estate” (Land Registration Act 2002 s131).
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proprietor’s interest (PI) Capital invested in a business, particularly by a sole trader. This
expression is sometimes used to distinguish its meaning of capital from
other uses of that word.
pro rata premium A rate charged for a period of insurance cover shorter than the normal
period. For example, if an insured had cover for one quarter of a year,
the Pro Rata premium might be only one quarter of the annual
premium.
proscription order Order which may be made under Communications Act 2003 s329
banning foreign material from being broadcast in the UK.
prospective benefit In accounting for pension funds, is a valuation based on the benefits of
current and deferred members (allowing for any future increase in
pension payments), and the benefit of current members based on past
and future service, allowing for increases in entitlement and pension
payments (SSAP 24).
prospective P/E ratio The P/E ratio expected on the basis of prospective dividends.
protected animal Animal which is neither commonly domesticated nor under the control
of man (Animal Welfare Act 2006 s2).
protected trust deed In Scottish insolvency, a trust deed which is registered and therefore
binding on all creditors.
(a) above;
and references to protection business include a reference to reinsurance
of protection business”.
(Income and Corporation Taxes Act 1988 Sch 25 para 11A(3)).
protection plan insurance Insurance sold to pay off the balance owed on a credit card.
Such insurance has been widely criticised for its high premiums and
for not providing the protection customer believe they have.
protective trust An interest in possession trust which comes to the end if the life
tenant becomes bankrupt or alienates (such as by selling) his interest
under the settlement. When so ended, the trust becomes a discretionary
trust.
The term may also be used more generally for a trust set up for a
beneficiary with a poor record of managing his or her finances.
provider of capital Person or company which provides the capital in any form for a
business.
providing funds Any arrangement whereby one person is financially assisted by another.
Providing funds is a factor that can determine whether two people are
connected persons.
provision for doubtful debts An estimate of the risk of not collecting full payment from credit
customers, reported as a deduction from trade receivables (debtors) in
the balance sheet.
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provisional licence Licence which is issued before a full licence is issued. The term most
commonly applies to driving licences.
provisional order “An order or scheme made under, and requiring confirmation by, Act of
Parliament” (Parliamentary Costs Act 2006 s18).
provisional order Bill “A Bill to confirm a provisional order” (Parliamentary Costs Act 2006
s18).
provisional statement In licensing, a statement which may be made to the local authority in
respect of premises under construction (Licensing Act 2003 s29).
provisions Those things which it is necessary to provide. The term can be used to
mean money set aside in the accounts for liabilities, or basic products
such as food and cleaning materials for daily living.
proxy form Form which a shareholder routinely receives, which can be completed
to allow someone to vote on the shareholder’s behalf.
proxy statement In USA, a document filed with the SEC giving details about directors’
remuneration, benefits, options and similar.
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prudence concept The accounting concept that accounts should err on the side of
understating the financial position rather than overstating it.
Statement of Standard Accounting Practice SSAP 2, issued in
November 1971, made this a fundamental accounting concept. This
approach was revised by Financial Reporting Standard FRS 18, which
applies for accounting periods ending after 21 June 2001.
FRS 18 requires a more realistic approach. Para 35(e) still requires
accounts to be “prudently prepared (ie a degree of caution has been
applied in exercising judgment and making the necessary estimates)”.
Para 37 acknowledges that accounts must reflect any uncertainty in
figures, but addresses this by requiring “more confirmatory evidence
about the existence of an asset or gain than about the existence of a
liability or loss, and a greater reliability of measurement for assets and
gains than for liabilities and losses”.
P38(S) HMRC form which may be completed by students who work in the
main holidays, namely Easter, summer and Christmas.
The form may only be completed by full-time students who work
only in those holidays and whose total income for the tax year does not
exceed the personal allowance. This allows the student to be paid
without deduction of tax, and avoids the need to deduct tax for the few
weeks at work and the student having to claim it back. One of these
forms must be kept for each student for each tax year, so if the Easter
holiday straddles 6 April, two forms must be completed.
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public accountant (PA) US term for an accountant with a lower qualification than a certified
public accountant. Many states have now closed this qualification to
new entrants.
public assembly “An assembly of 2 or more persons in a public place which is wholly
or partly open to the air” (Public Order Act 1986 s16).
Public Assistance Board Body formed in each major area in 1929 to provide financial assistance
for people without other resources. It replaced the harsh Poor Laws.
The assistance was itself replaced by the welfare state in 1948.
public attestation Authoritative statement made known to the public, such as the opinion
in an audit report. This term is particularly used in the USA.
public benefit Test for a body to obtain charitable status (Charities Act 2006 s2).
Further guidance on this test is given in s3.
public bus service An employee is not subject to a taxable benefit in kind when his or her
employer provides support for a public bus service to help the employee
get to and from work (Income Tax (Earnings and Pensions) Act 2003
s243).
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public collection Raising funds from a public place other than by going from house to
house, such as carol singing in a town centre. A local authority licence
is needed.
public company A company which either states on its certificate of incorporation that
it is a public company, or which met the relevant requirements for a
public company in force when it was registered (Companies Act 2006
s4(2)).
The differences between public and private companies are set out in
Part 20 of the Act.
public foundation A non-profit organisation the USA that receives at least one-third of its
annual income from the general public (including government agencies
and foundations). Public foundations may make grants or engage in
charitable activities.
public funds Money held by the government, a local authority or other public body.
public goods Goods that would not be provided in a pure free-market system.
Public Guardian Officer appointed by the Lord Chancellor under Mental Capacity Act
2005 s57. The duties include oversight of lasting powers of attorney.
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Public Guardian Board Body established under Mental Capacity Act 2005 s59 to assist the
Public Guardian.
public hearing For tax tribunals, a hearing to which the public is admitted. All tax
hearings are heard in public unless there is a good reason for a private
hearing (The Tribunal Procedure (First-tier Tribunal) (Tax Chamber)
Rules SI 2009 No 273 rule 32).
public holiday Day when employees need not work. The term is now the same as a
bank holiday.
public house (pub) Premises which is licensed for the sale of alcoholic drink. It often
serves food, non-alcoholic drink and sometimes serves meals and offers
accommodation.
In the case McLaren v Mumford [1966] 69TC173, a publican who
owned a house acquired a pub with living accommodation which he
occupied solely to enable him to be a publican. The court refused to
allow him the whole cost of the accommodation expenses, as is
discussed in the Inspectors’ Manual at BIM37930.
public juris Latin: of public right. This commonly means the right to air and
sunlight.
public interest bodies “These are bodies of a political, religious, patriotic, philosophical,
philanthropic or civic nature. These bodies have objects which are
directed outside the particular organisation and beyond the members
themselves to the general community” (VAT leaflet 701/5).
public liability insurance Insurance cover to protect someone against claims which may be made
by members of the public.
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public ownership Description of assets which are said to be owned by the general public
rather than by specific individuals or companies.
The term is misleading as ownership by its nature is a package of
personal rights. In practice, public ownership means private ownership
by a government, council or other body which the public elects or
which is appointed by such an elected body. A member of the public
has no rights of ownership of such an asset.
public sector “The part of the nation’s economy that is owned by the government”
(HM Treasury).
public service remit Requirements which licensed public broadcasters must comply with
(Communications Act 2003 s265).
public transport strike There is no taxable benefit in kind when an employer provides certain
assistance to employees during such a strike (Income Tax (Earnings and
Pensions) Act 2003 s245).
public trust Trust which benefits the general public or a large part of it.
public warehouse A customs warehouse available for use by any person for the
warehousing of goods.
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published accounts Accounts of a business as printed and made available for members.
puddle phishing Phishing that is aimed at a small company or small group of users,
rather than at a large pool.
pulp Fruit and vegetable pulp is usually zero-rated for VAT as food (VAT
notice 701/14).
pump and dump Business jargon for the practice of heavily inflating selling prices so
that a profit is still made when large discounts are given.
pump priming Small amount of initial funding for a business or project to encourage
others to contribute funds.
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pur autre vie Latin: for the life of another. The term is used in relation to tenancy.
purchase book Book in which purchases are recorded. This is not part of the
accounting system.
purchase day book Books which records the purchases made each day. The totals for each
day are often treated as a journal entry and entered into the nominal
ledger.
purchased life annuity An income for life purchased from an insurance company. That part of
the annuity that is deemed to be return of capital is tax-free but any
balance is treated as interest and is subject to income tax.
purchase ledger Record of how much you owe your suppliers. Also known as a bought
ledger.
purchase of own shares When a company buys shares in itself. The effect is to extinguish the
share and reduce the capital of the company.
Such a purchase is generally illegal under Companies Act 2006
s658, but this is subject to many exceptions. Further provisions are
provided in Chapter 4 of the Act from s690.
purchasing department Part of an organisation which is responsible for purchasing goods and
supplies.
purchase tax Sales tax charged on certain goods, particularly luxury items. It was
introduced by Finance (No 2) Act 1940 s18 on 21 October 1940 as a
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purchasing power The quantity of goods and services which an item of currency can
acquire.
pure endowment Gift to an organisation where the donor describes the purpose for which
the money may be used.
purpose trust Trust established for a stated purpose, as against a trust merely for
possession and distribution of assets.
purveyance Right of the Crown to requisition goods and services for royal use. This
was a form of taxation.
This was widely practised from 11th to 14th centuries, and was
finally abolished in 1660.
putter-out Old term for a person who took out the first form of marine insurance
policy, particularly for a long and hazardous journey. The voyager
would deposit a sum of money on the basis that he received a much
larger sum (typically five times as much) on his return, but nothing if he
failed to return.
PV Present value.
P Wms Peere Williams’ Reports, law reports of Chancery and King’s Bench
from 1695 to 1735.
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Q
QA Quality Assurance
QB or QBD Queen’s Bench Division. Since 1875, part of the citation of a report of
a court case heard in this division of the High Court during the reign of
a queen.
QR code Square pattern of black squares, similar to a bar code but two-
dimensional. They were invented in 1994. The letters stand for Quick
Response.
A modern use is for a modern mobile phones or similar appliance to
scan the image to produce an instant e-mail such as a technical
specification of an item.
qualification share Share which a director must hold as a condition of holding office. The
existence of such an arrangement must be disclosed in any prospectus.
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qualified acceptance When a person takes over the duty to pay a bill of exchange subject to
a new condition (Bills of Exchange Act 1882 s19(2)).
qualified accounts Accounts with an audit report which either does not accept the accounts
or believes that further comment should be provided.
qualified audit opinion An audit opinion to the effect that: the accounts do not show a true and
fair view; or the accounts show a true and fair view except for particular
matters.
qualified creditor In Scotland, someone who is owed at least £1,500 and may start
sequestration proceedings against the debtor.
qualified domestic trust In the USA, a trust for a non-citizen spouse of a US citizen. The
creation of such a trust has tax advantages on the death of the US
citizen.
qualified report report by auditor or examiner which discloses a concern or which gives
information not included in the accounts.
qualified teacher Person who satisfies the conditions in various regulations (Education
Act 2002 s132). The regulations are contained in various Statutory
Instruments.
qualified valuer Person who holds a recognised qualification in valuing and who has
relevant post-qualification experience. The auditor may rely on the
opinion of such a valuer when accepting values of fixed assets,
particularly with regards to land and property.
qualifying Meeting the conditions set out. This term is widely used in specific
contexts in Finance Acts in many specific circumstances. Only the most
common of these are separately listed below.
qualifying accessory Additional item added to a company car and which may increase the
value on which the employee pays tax (Income Tax (Earnings and
Pensions) Act 2003 s125(1)).
qualifying care relief Various forms of care relief for which tax provisions apply.
qualifying change Term used in Finance Act 2010 s26 to cover the sale, part-sale, change
of ownership and similar changes in ownership of a business that could
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qualifying creative work A literary, dramatic, musical or artistic work which provides a
particularly large revenue in one tax year.
From 6 April 2001 there is a special tax provision which helps to
prevent the writer, playwright, composer or artist being highly taxed in
one year.
The provision considers two consecutive years. The provisions is
triggered when either:
● the profit for one year is less than 70% of an adjacent year;
or
● the profit for one year is nil.
In such a case, the profits may be averaged according to a specific
formula. The total profits of all years are fully taxed; the scheme simply
evens up the income between the relevant years.
qualifying distribution Payment of a dividend on which advance corporation tax has been paid.
(This tax was generally abolished in 1999.)
qualifying donation Donation that qualifies for tax relief under Gift Aid in accordance with
Income Tax Act 2007 s416. This imposes various conditions.
qualifying fuel and power Supplies of fuel and power used for domestic purposes or by a charity
for its non-business activities. Such supplies qualify for the reduced rate
of VAT.
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qualifying period Time which must pass before an entitlement applies. Examples include
periods for receiving a grant or tax relief.
qualifying policy A life insurance policy which has been certified HMRC as complying
with the Qualifying Policy Regulations. Proceeds on maturity or death
do not give rise to a tax charge.
qualifying service (1) In pensions, the period for which an employee must be employed by
a company before becoming eligible to join a group scheme. Also refers
to the service to be taken into account to entitle a member of a pension
scheme to short service benefit.
(2) In employment law, the period of one year before which an
employee is eligible to claim many rights, particularly unfair dismissal.
There is no qualifying service for a claim for dismissal arising from:
● trade union membership or non-membership;
● illegal discrimination;
● work as health and safety officer, pension scheme trustee, or
employee representative;
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qualifying territory Any country or other territory with whom the UK has a double
taxation treaty. In some contexts, there are further restrictions.
qualifying trade Commercial activity which qualifies investment in a company for a tax
relief. In practice, a qualifying trade is usually defined as any trade
except a non-qualifying one.
qualifying votes For determining control of a company in a claim for consortium relief,
“votes which may be cast in a poll taken at a general meeting of the
trading company held during or after the current period” (Corporation
Tax Act 2010 s155(3)).
qualifying week (QW) For statutory maternity pay (SMP), this is the 15th week before the
expected week of childbirth. If the employee was not employed in the
QW, she is not entitled to SMP from that employer.
The QW is also used to determined the period for which average
earnings are calculated to determine payments for the first six weeks of
SMP.
qualifying young person Term used in social security legislation to describe someone for whom
child benefit may be claimed.
A qualifying young person is basically someone aged 16 to 18 (and
in limited circumstances 19) who is in full-time education or training
and for any extension period thereafter.
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quando duo jura in una persona concurrunt, aequum est ac si essent diversis
Latin: when two titles concur in one person, it is the same as if they
were in different persons.
quando jus domini regis et subditi concurrunt, jus regis praeferri debet
Latin: when the titles of the king and of the subject concur, the title of
the king is to be preferred.
quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest
Latin: when the law gives anything to anyone, it gives also all those
things without which the thing itself could not exist.
quando plus fit quam fiery debet, videtur etiam illud fiery quod faciendum est
Latin: when more is done than ought to be done, then that is considered
to have been which ought to have been done.
quantitative easing (QE) “A process whereby the central bank injects money directly into the
economy in order to stimulate bank lending and control inflation” (HM
Treasury glossary). This is sometimes called printing money.
quart Imperial unit of liquid capacity equal to 2 pints, 69.355 cubic inches or
1.136 litres. There are four quarts in a gallon.
quarter day One of four days in the year on which payments (particularly of rent)
are often due.
In England and Wales, the quarter days are:
• Lady Day: 25 March
• Midsummer Day: 24 June
• Michaelmas Day: 29 September
• Christmas Day: 25 December
Ireland has the same quarter days, though they are not widely used.
Scotland has old Scottish term days of:
• Candlemas: 2 February
• Whitsunday: fixed as 15 May
• Lammas: 1 August
• Martinmas: 11 November
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(These days were also used in Northern England until 18th century.)
Under Terms and Quarter Days (Scotland) Act 1990, Scottish term
days are now 28th of February, May, August and November with effect
from 13 June 1991.
quarterly distillery return Return that must be made every three months by a distillery on form
W21.
quasi-contract An obligation that does not arise from a contract but is similar to one
that does. The implications have been considered in the cases Sinclair v
Brougham [1914] and Nelson v Larholt [1951].
quasi-easement Implied right of a tenant to enjoy all easements which are necessary to
enjoy the property rights granted. The issue was considered in the case
Wheeldon v Burrows [1879].
quasi-loan Transaction with the nature of a loan arranged through a third party.
If a quasi-loan is arranged between a company and one of its
directors, the approval of members may be required.
The statutory definition is: “A transaction under which one party
(the creditor) agrees to pay, or pays otherwise than in pursuance of an
agreement, a sum for another (the borrower) or agrees to reimburse, or
reimburses otherwise than in pursuance of an agreement, expenditure
incurred by another party for another (the borrower):
(a) on terms that the borrower (or a person on his behalf) will
reimburse the creditor; or
(b) in circumstances giving rise to a liability on the borrower to
reimburse the creditor” (Companies Act 2006 s199(1)).
quasi uniform When everyday clothing is so prescribed for work so that it serves the
same function as a uniform.
Unlike a uniform, it does not become tax-deductible. The leading
case is Mallalieu v Drummond [1983] 57TC330. The matter is
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Queen Monarch of the United Kingdom who succeeded to the title in 1952 on
the death of her father King George VI. She is also head of state for
seven other countries and the Commonwealth.
All taxes are collected in her name. The Queen is exempt from tax
though she chooses to pay it voluntarily.
Quick Shoe Leading tax case on the extent to which the purchaser of a business may
claim tax relief for discharging liabilities of the seller.
The full citation is Cooke v Quick Shoe Repair Service [1949]
30TC460. The capital element of the consideration is discussed in the
Inspectors’ Manual at BIM35655; the revenue element at BIM38330.
qui jussu judicis aliquod fecerit non videtur dolo malo fecisse quia parere necesse est
Latin: he who does anything by command of a judge will not be
supposed to have acted from improper motive because there is an
obligation to obey.
Quinizarin Colouring agent that is used to indicate that hydrocarbon oil duty has
not been paid on oil.
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quotation. No responsibility is accepted for any errors or omissions.
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quod non apparet non est Latin: that which does not appear does not exist.
quo ligatur, eo dissolvitur Latin: whosoever can bind can also release.
quota system Any system which uses a quota. The term is commonly used for
restricting imports of particular goods into a country, and for restricting
the supply of essential goods when demand is too great.
quotation The illustration provided to show the costs of insurance cover. The
quotation document forms the basis of a new contract or the renewal of
an existing one. It contains details of the conditions, benefits, caveats
and premiums for the policy.
quote In finance, give a figure on which another person may rely, particularly
as a price for supplying goods or a service.
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quote-driven system Operating system of a stock market where market makers quote a
price for a share or other security. The other system is order-driven
system.
quoties in verbis nulla est ambiguitas ibi nulla exposition contra verba expressa fienda est
Latin: when in the words there is no ambiguity then no interpretation
contrary to the actual words is to be adopted.
R
R Either Rex (Latin: king) or Regina (Latin: queen).
The term is used in many abbreviations, including the citations for
criminal cases.
This included driving out tenants who had legal protection by violence
or threats of violence. Many of these claims are unsubstantiated. The
Rent Act 1965 was passed to address such concerns.
racial grounds “Any of the following grounds, namely colour, race, nationality or
ethnic or national origins” (Race Relations Act 1976 s3(1)).
racial harassment In the context of race relations means “on grounds of race or ethnic or
national origin, [engaging] in unwanted conduct which has the purpose
or effect of:
(a) violating that person’s dignity, or
(b) creating an intimidating, hostile, degrading, humiliating or
offensive environment for him”
(Race Relations Act 1976 s3A(2)).
racking For alcoholic liquor duty, a term given a specific meaning in Alcoholic
Liquor Duties Act 1979 s16 in relation to storage of spirits.
racking line For beer duty, collection of kegs or casks filled at the same time. It is
relevant in determining quantities subject to beer duty, as explained in
Customs notice 226.
radio licence Licence required between 1927 and 1971 to receive radio broadcasts in
the UK. It is in effect a hypothecated tax, and was administered as a
tax.
The licence was originally required under Wireless Telegraphy Act
1904. The licence was in effect superseded by the television licence,
first introduced in 1946.
radio transmitter Customs may seize imported radio transmitters that are not authorised
for use in the UK. This includes CB radios and cordless telephones.
raised print Security device on modern Bank of England notes. If the finger is run
over the words “Bank of England” the raised print can be felt.
Ramsay principle Principle of tax avoidance set out in the landmark House of Lords case
W T Ramsay Ltd v Inland Revenue [1981].
The general principle is that a pre-ordained series of transactions
may be considered as one transaction where intermediate steps have no
purpose other than tax avoidance. This applies even when the
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random check Item arbitrarily selected from a batch as a means of testing the batch.
rank and file Soldiers and non-commissioned officers in the armed forces, as against
commissioned officers. In this context, “rank” means soldiers standing
in a line at the front, and “file” means the soldiers standing behind
them.
The term has come to mean the general workforce up to supervisor
but below management.
Rank litigation The case HMRC v Rank Group [2009] heard in the High Court. It
extended the scope of bingo duty and the VAT exemption for bingo to
other areas, including mechanical bingo.
rate of interest Rate of interest that can be thought of as the price of money.
It is the extra proportion that has to be paid when borrowing money
or the extra that a saver receives when putting their money aside for the
future (unless they keep it under the mattress). The level of the rate of
interest is determined by the Monetary Policy Committee of the Bank
of England that meets each month.
rate of return rule Treasury management rule of thumb which states that you should invest
only if the overall rate of return exceeds that available for equivalent
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rate of yield The amount of compensating product obtained from processing a given
quantity of imported goods.
rate review Used in group insurance to describe the review of premium rate at the
end of a rate guarantee period.
rate tart Person who freely changes from one financial supplier to another to get
the best rate. The term is particularly applied to individuals who switch
credit cards to take advantage of special offers.
The term comes from the word “tart” meaning a woman who offers
her affections freely without any long-term commitment. Rate tarring is
also known as snoozing.
rateable value (RV) A value placed on all non-domestic properties (businesses) on which
rates have to be paid, broadly based on the rent that the property might
earn, after deducting the cost of repairs and insurance. The rateable
value is determined by the Inland Revenue’s Valuation Office Agency.
rated output work Basis for ensuring that the national minimum wage (NMW) is paid
for output work, where a person is paid according to work done rather
than time spent. Examples include homeworkers who assemble items or
put literature into envelopes.
Compliance with the NMW regulations requires either a record to
be kept of hours worked, or for a system of rated output work which
calculates a piece rate based on 120% of the NMW for the mean
hourly output rate, as explained in the entry for output work.
rates Local authority tax which was first introduced in 1694 until replaced by
community charge (or poll tax) in 1982 (1981 in Scotland), which was
itself replaced by council tax in 1993.
rating officer Officer working for a local authority who determines the rateable
value of a property.
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ratio decidendi Reason for a judicial decision. It is distinguished from the obiter dicta
which does not create a binding precedent.
R/D Refer to drawer. Legend written on a cheque which a bank has not
honoured. The most common reason is insufficient funds in the
account.
re (1) About, regarding, concerning. The term is often used to name cases
as an alternative to naming the parties.
(2) One hundredth of a krone, currency of Denmark.
real asset Fixed asset of land and buildings, as against personal assets such as
furniture and vehicles.
real estate agent Person who buys and sells land and property.
real exchange rate Exchange rate that has been adjusted to allow for inflation.
real GDP Level of GDP after changes in inflation have been taken into account.
See also
real interest rate Interest rate that has been adjusted to allow for inflation.
real investment Purchase of tangible assets (not necessarily land and buildings) rather
than buying shares or other securities.
realisation basis For taxation of certain securities, means “not recognising a profit or
loss on any asset until it is realised” (Finance Act 2002 s65(2)).
realisation concept Accounting principle that increases in value should only be recognised
when the asset is sold. UK accounting standards depart from this
concept for land and buildings which should be periodically revalued.
realised profit Profit arising from revenue which has been earned by the entity and for
which there is a reasonable prospect of cash being collected in the near
future.
real return after tax Rate of return after allowing for tax and inflation.
real time Where a computer reacts immediately to instructions from the user.
real time system Computer system which responds immediately to instructions from the
user.
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reasonable Term widely used in contracts and other documents to mean sensible
and fair.
The term is conveniently imprecise as it thus imposes a burden on a
claimant to prove that the disapproved conduct was unreasonable,
which is necessarily a subjective decision.
reasonable care Standard expected by HMRC when submitting tax returns. Failure to
exercise such care can lead to greater tax penalties.
The following notes are provided in HMRC Notice of 12 March
2010:
“Reasonable care varies according to the person, their
circumstances and their abilities. But we expect everyone to make and
keep sufficient records for them to provide a complete and accurate
return, and to update them regularly.
“Some of the ways you can show you took reasonable care, and
avoid a penalty include:
• keeping accurate records to make sure your records are
correct — see the record keeping guidance at
www.hmrc.gov.uk/record-keeping/index.htm
• checking what the current position is when you don’t
understand something.”
reasonable excuse A civil penalties term used for a reasonable excuse for a default or
error. This will depend upon the circumstances, and it applies only to
certain types of penalties.
Reasonable Excuse Form Document completed by a taxpayer to explain why a tax return or
payment has not been made by the due date.
reasonable expectation In a divorce settlement, the reasonable expectation of one party may
influence the amount of that party’s settlement.
reasonable steps Term used in VAT leaflet 725 with regard to checking the VAT number
of a customer in another EU member state. If the number proves to be
false (as is common in tax fraud), the UK supplier can escape having to
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pay VAT on the supply if he can show that he took reasonable steps.
These include making sure that the VAT number follows the
convention for the relevant country, and not using a number that the
supplier has been told is either invalid or does not belong to that
customer.
reasonably believe Term used in connection with bank payroll tax. The accompanying
Guidance Note states that this is “no more than what a reasonable
person would believe given the facts and circumstances, having
considered the proposed transactions in the round. It is a common sense
test”.
reassess Assess again, usually either on the basis of new evidence or by another
person when the original assessment is challenged.
rebate In the context of excise duty, a reduced rate of duty that is allowed on
oils that have been put to industrial and off-road use. They are marked
to show that they have been rebated. It is illegal to use rebated fuels as
fuel in road vehicles.
rebate licence A licence to use rebated heavy oil as road fuel, issued by us.
rebated heavy oils Usually gas oil or kerosene. These are heavy oils that carry a lower rate
of duty than that for fully duty paid fuel such as Diesel Engine Road
Vehicles (DERV); Ultra Low Sulphur Diesel (ULSD); gasoline; Liquid
Petroleum Gas (LPG) or Compressed Natural Gas (CNG). There are
restrictions to the uses that rebated heavy oils can be put.
rebated oil Oil which has been delivered for home use on allowance of a rebate of
excise duty under the Hydrocarbon Oil Duties Act 1979, sections 11
and 14.
rebuilding cost Cost of reconstructing a building. Typically this includes such related
costs as site clearance, architect’s fees and temporary accommodation.
Buildings insurance usually requires buildings to be insured for
rebuilding cost.
rebuttable presumption Something which is assumed to be true until evidence is found which
suggests otherwise.
Rebuttable presumptions are widely used in auditing. An audit starts
with the rebuttable presumptions that the accounts have been prepared
honestly but may contain mistakes.
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recapitalisation Change in the capital structure of a company when new shares are
issued to restore the value of the capital towards the amount it was
previously. Recapitalisation is often undertaken by a struggling
company seeking to avoid insolvency.
receipt notice Notice that HMRC may serve on a company requiring it to recalculate
its tax less advantageously in certain arbitrage arrangements (Taxation
(International and Other Provisions) Act 2010 ss249-254).
receipt pad Pad of blank receipts. They are usually pre-numbered with a
counterfoil.
receipts and payments Basis of preparing accounts where the accounts show only actual
receipts and payments made during the period regardless of the period
to which they relate. The alternative basis is accruals basis which is
compulsory when a church’s finance exceed defined limits.
received date The date the contribution was credited to the account by the Charitable
Gift Fund for tax purposes.
receiver Person who deals with the affairs of another who is either insolvent or
suffering from mental incapacity.
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receiving clerk Official who works in an office where goods or payments are received.
receiving office Office which deals with goods or payments received by a business.
reception input In Customs terminology, old term for an input message that records the
physical receipt of export cargo and the associated documents.
This is now replaced by New Export System arrival messages.
recipient company Company that received a tax credit (Income and Corporation Taxes Act
1988 s813).
reciprocal agreement Agreement between two parties where each agrees to provide similar
assistance to the other.
In tax, this particularly applies to international agreements on
national insurance and social security, of which there are many. The
statutory authority is contained in Social Security Administration Act
1992 s179.
reciprocal holdings Situation where two companies each own shares in the other. This is
commonly done to frustrate takeover bids.
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reconciliation mechanism Process for ensuing that a scheme with more than one element provides
the overall objective that was intended. The term is used in Energy Act
2010 in relation to fuel poverty.
reconciliation statement Statement explaining how two figures or two documents which refer to
the same matter relate to each other.
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reconversion of stock Process of turning stock (meaning equity capital) back into ordinary
shares. The company law is contained in Companies Act 2006 s620.
The right to convert shares to stock was given in Companies Act
1985 s121(2)(c). This right has now been repealed by the 2006 Act
though previous stock conversions remain legal. Reconversion of stock
requires an ordinary resolution of the shareholders but no longer
requires prior authority in the articles of association.
record Written entry which evidences some fact, such as amount of invoices
issued or cash paid.
record-keeping Basic financial records that must be kept for tax purposes.
Guidance for the self-employed is provided by HMRC at
http://www.hmrc.gov.uk/sa/rec-keep-self-emp.htm.
recoverable amount “The greater of the net realisable value of an asset and, where
appropriate, the value in use” (FRS 7 para 2).
recovered debt Bad debt that is paid after being written off.
Such a recovery is added to the trade income for the period in which
it was recovered. Provided that the bad debt was written off properly at
the time, no attempt should be made to reverse the write off in a
previous accounting period.
The matter is discussed in the Inspectors’ Manual at BIM 42730.
For VAT, a recovered debt is added to turnover and output tax if
bad debt relief has been claimed.
recovery plan Plan made by a business to recover from adverse trading or financial
position.
For financial institutions, the Financial Services Authority has
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certain powers and duties as set out in Financial Services and Markets
Act 2000 s139B.
recreational benefits Such benefits provided by an employer may be exempt from tax under
Income Tax (Earnings and Pensions) Act 2003 s261.
recruiting ground Any area or equivalent means from which people may be recruited.
rectification In contract law, when the parties or a court clarifies what the parties
meant by a particular expression in a contract. Extrensic evidence may
be used.
In inheritance tax, the term is used when the court corrects a faulty
deed of variation to give effect to what the beneficiaries intended. This
must be supported by adequate evidence.
In law, correction of a mistake in a document by the court
(Supreme Court Act 1981 s61(1) and Sch 1).
rectifier “May not distill or extract feints or spirits from any other material than
spirits on which duty has been duly paid” (Alcoholic Liquor Duties Act
1979 s21). A rectifier is severely restricted on what other trades he may
follow (ibid s24).
recto Right-hand page in an open book. The plural is rectos. The left-hand
page is verso.
recurring payments Payments which are made regularly, such as rent or mortgage
payments.
recycle Use again, such as when rubbish is sorted so that the materials may be
reused.
recycle bin In computing, an area where deleted items are stored, allowing for their
retrieval before finally deleting.
recycled pension When a pension lump sum is used to fund a new private pension
scheme.
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This is possible and legal for members aged between 55 and 75.
However, from 6 April 2006, tax relief for the new scheme may be
restricted if all five of these conditions are met:
(a) a pension lump sum is received;
(b) because of this lump sum, contributions are made to
another pension plan which are significantly larger than would
otherwise be the case;
(c) the re-cycling was pre-planned;
(d) the amount of the pension commencement lump sum
when added to any other such sums taken in the previous 12 months
exceed 1% of the current lifetime allowance; and
(e) the pension commencement lump sum exceeds 30% of the
cumulative amount of additional contributions.
For (b) and (c), HMRC has issued guidelines which basically say
these conditions are met if a person departs from their usual pattern of
pension funding.
For (d), the lifetime allowance increases each year. Suppose for one
year this allowance was £2 million. 1% is £20,000, so if the lump sum
is below this figure, these provisions need not be considered.
Condition (e) is best explained with an example. Suppose a man has
a second pension fund of £100,000 and receives a lump sum of
£120,000 from his first pension fund. He pays this into his second
pension fund with £80,000 from other savings. The second pension
fund is now worth £300,000. Condition (e) is triggered because the
additional contributions of £120,000 exceed 30% of £200,000.
Red Book Budget book published on the day of The Budget given by the
Chancellor of the Exchequer.
It sets out a statement on the national economy, and summarises
proposals for tax and other matters announced in the Budget. Between
1999 and 2010, the book has not had a red cover but a white cover with
red printing.
REDCENT Accounting Centre for Registered Excise Dealers and Shippers - the
accounting centre processes records of all payments of excise duty
made under the Registered Excise Dealers and Shippers (REDS) system
and holds registration records of all registered traders.
red channel Customs term for the exit at a port or airport that should be used by a
traveller from outside the European Union who:
• has goods or cash that need to be declared to Customs, or
• has commercial goods, or
• where the traveller is not sure whether goods need to be declared.
red diesel Diesel oil which has been marked with a red dye.
Such diesel attracts a lower rate of hydrocarbon oil duty but its use
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is restricted.
redeem Give back in return for what was originally provided, such as
redeeming goods which have been pawned, or redeeming a preference
share for cash.
redeemable Description of an item which may be turned into something else, such
as loan note being redeemed for cash, or a preferred share being
redeemed for an ordinary share.
redeemable security Security which can be redeemed for its face value at a specified date.
redeemable shares Shares that a company may elect to buy back. The conditions are set out
in Companies Act 2006 Chapter 3 starting at s684.
redemption amounts Amount that would be redeemed on a financial policy if the policy
holder held the assets for their full term to their redemption date.
redemption date Date on which a loan or security or other item may be redeemed.
redemption penalty Fee which may be payable if someone wants to end a financial
arrangement early, such as paying off a mortgage before the agreed
date.
The fee may be calculated as a certain number of months’ interest,
or it may be a percentage of the loan.
Some lenders only charge a penalty for a period covered by a
special deal. Others may charge a fee for several years afterwards.
redemption yield An estimate of the total long term returns, including income and capital,
on fixed income investments like corporate bonds and gilts.
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redenomination reserve Capital reserve that a company must create when its share capital is
reduced by a redenomination of share values (Companies Act 2006
s628).
red point phone Telephone in the red channel of a port or airport that may be used by a
traveller to the UK to speak to a Customs officer about whether goods
or cash need to be declared.
redress scheme Term used in NHS Redress Act 2006 s1 with regards to a scheme to
avoid civil litigation in complaints against the NHS.
REDS Registered Excise Dealers and Shippers - revenue traders who are
approved and registered by HM Revenue & Customs to obtain excise
goods commercially from other European Union (EU) countries.
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reduced rate schedule Value Added Tax Act 1994 Sch 7A which lists those supplies where
VAT is charged at the reduced rate of 5%.
reducing balance method Method of calculating depreciation where each year’s figure is
calculated as a percentage of the previous year’s net balance, as against
the more common straight line method where each year is calculated
as a percentage of the original cost. Under the reducing balance method,
an asset never reaches a value of zero.
For example, an asset costing £10,000 and written off over ten years
on the straight line method would simply have £1,000 charged to profit
and loss account each year and be worth nothing after ten years.
If depreciated on the reducing balance method, the figures would
be:
Year Start value Depreciation End value
£ £ £
1 10,000 1,000 9,000
2 9,000 900 8,100
3 8,100 810 7,290
4 7,290 729 6,561
5 6,561 656 5,905
6 5,905 591 5,314
7 5,314 531 4,783
8 4,783 478 4,305
9 4,305 431 3,874
10 3,874 387 3,487
redundancy pay Amount an employer is required to pay an employee who has been
made redundant.
Statutory redundancy pay is paid at so many weeks’ pay according
to length of service.
For income tax, redundancy pay is always free of income tax
(Income Tax (Earnings and Pensions) Act 2003 s309) and national
insurance. This applies regardless of whether the redundancy pay is
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redundancy rebate Payment made to a business as compensation for the redundancy pay
paid by the business.
re-entry Repossession by a landlord of land held under a lease when the landlord
exercises his power of forfeiture.
referential bid Bid that refers to amounts in other bids. Such a bid is invalid.
In the case Harvela Investments Ltd v Royal Trust Co of Canada
Ltd [1985] a bidder offered “2,100,000 dollars or 100,000 dollars in
excess of any other offer”. The House of Lords pointed out that if two
or more bidders had made referential bids, it would be impossible to
accept either.
refreshing memory In law, rule of evidence which states that a witness may refresh his
memory by referring to a written note which either he prepared or
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which someone else has prepared and he has adopted as his own. An
example is when a policeman consults his notebook or a committee
member consults the minutes.
registered cheque Cheque issued by a bank on its own account for the benefit of a
customer who does not have a bank account.
registered design Design registered at the Designs Registry and which gives monopoly
rights over that design.
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registered friendly society Tax Income and Corporation Taxes Act 1988 s460-466.
registered land Land that is registered under Land Registration Acts 1925 to 1986.
registered owner A person who has been authorised and registered by HM Revenue &
Customs to deposit their duty-suspended goods in an excise warehouse.
registered person An individual or other legal body that is registered for a particular
purpose, particularly an individual, firm or company that is registered
for VAT under the terms of the Value Added Tax Act 1994.
registered security Security, such as a share or debenture, which a company has registered
at Companies House.
registered store (tobacco) Premises registered under regulation 5 of The Tobacco Products
Regulations 2001 for the safe storage of tobacco products without
payment of duty.
register of common land Register which must be kept under Commons Act 2006 s1(a).
register of directors List of directors which every company is obliged to keep (Companies
Act 2006 s162(1)).
register of interests Record that a public company must keep of all information received by
it in relation to interests in its shares other than ownership (Companies
Act 2006 s808).
register of members List of shareholders or guarantors which a limited company must keep
under Companies Act 2006 ss113-121.
If there are more than 50 members, the company must also keep an
index of members (ibid s115).
registrar Person who keeps official records and registers. For companies, this
includes the person who administers the register of shareholders.
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registration as citizen Process by which a person may formally acquire British citizenship.
This may be cited as evidence of domicile.
registration certificate Document which shows that something has been registered, particularly
document V5 which shows that a vehicle has been registered to a
particular keeper.
registration fee Charge made to cover the cost of registering for something, such as
being entered on an official register or to book a place at a conference.
registration limit Figure of annual turnover above which an organisation must register for
VAT.
registration number Unique number issued to a person who has registered for something.
registration of birth Registration of the birth under Births and Deaths Registration Act
1963. The baby’s name, sex, date of birth and names of parents must be
registered within 42 days. Copies of the entry may be obtained as a
birth certificate.
registration of death Registration of the death under Births and Deaths Registration Act
1963.
The registration must give the name, sex, address and occupation of
the deceased. It must state the place and cause of death. Registration
should usually be made within five days. A copy of the entry may be
obtained as a death certificate.
registration statement Document which gives information about a registration, particularly the
document issued by Companies House to a newly registered company.
registration threshold For VAT, the amount of annual turnover above which a business must
register. The amount is reviewed each year in the Budget. A business
must register if its turnover has exceeded the threshold in the previous
12 months or if it reasonably believes it will be exceeded in the next 30
days.
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regnal year Year of a monarch’s reign. This was the traditional method for dating
Acts of Parliament.
regrating Buying corn or other produce in a market and then selling it as a means
of increasing its price.
regressive tax Tax that takes a smaller proportion of a income as income rises. In
other words it is a tax that hits less well-off people harder than the
better-off.
An example of a regressive tax is the television licence. It is exactly
the same amount for everyone, which makes it a much smaller
proportion of a large income than a small one.
regular Happening at fixed intervals, such as once a week. The term should not
be used to mean “frequent”.
regular cost In pension valuation, consistent on-going cost recognised under the
actuarial method (SSAP 24).
regular forces “The Royal Navy, the Royal Marines, the regular army or the Royal Air
Force” (Armed Forces Act 2006 s374).
regular income Income received at fixed intervals, such as wages, royalties, dividends
etc.
regulated activity Activity whose nature can mean that a relationship of trust can develop
between a person and either a child or vulnerable adult. There are
special regulatory provisions for people engaged in such activity
(Safeguarding Vulnerable Groups Act 2006). Other activity between
such persons is called a controlled activity.
regulated agreement Consumer agreement with the scope of Consumer Credit Acts and
which is not specifically exempted by them.
regulated mortgage Legal mortgage that usually predates 8 December 1965 and is subject to
a regulated tenancy binding on the mortgagee.
regulated payment Payment from the Social Fund to meet one of four specific categories of
need.
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Regulation S-X Rule of the US Securities and Exchange Commission which regulates
the contents of annual reports from companies.
rehabilitation Process to allow people who have served sentences to resume normal
life in society.
reimburse Pay back money to someone who has incurred an expense for someone
else.
reimbursement scheme Scheme used to refund customers any money they may have overpaid
such as VAT.
reinforcement ring Adhesive ring of paper which can be attached round punched holes to
avoid them tearing.
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reinsurance The practice whereby one insurer transfers part or all of the risk it has
accepted to another insurer (the reinsurer).
rejection of offer Refusal by an offeree to accept an offer. This has the effect of
preventing a contract being created. Once an offer is rejected, the
offeree cannot subsequently accept.
related company Company in which another company has an interest, usually by holding
shares.
related employments Two or more employments that are treated as being one employment
for determining whether a person is in lower-paid employment. The
provisions are set out in Income Tax (Earnings and Pensions) Act 2003
s220.
related parties For the purposes of related party disclosure, means where either one
party controls or influences another, or where they are both under
control. This is set out in detail in FRS 8 para 2.5.
related party Person or business with which another person or business has a family
or business connection.
related party transaction Financial transaction between two connected bodies, particularly
between a person and a body of which that person is a director or holder
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of a similar position.
related party transaction “The transfer of assets or liabilities or the performance of services by,
to or for a related party irrespective of whether a price is charged”
(FRS 8 para 2.6).
related property For inheritance tax, “related property is property that is in the estate of a
spouse or civil partner, or belonging to a charity of one of the political,
national or public bodies to which exempt transfers may be made.
There are special rules for valuing related property” (HMRC
inheritance tax glossary).
related settlement Where a settlor sets up a trust, any other trusts set up on the same day.
related supplies For VAT, supplies that in truth are part of a single supply. Related
supplies may be treated as a single supply in relation to anti-
forestalling provisions for a future increase in VAT.
relationship breakdown Divorce, separation or other event that causes two people to stop living
together, whether married or not.
Where the arrangements following such breakdown include the
creation of a fixed interest trust, it may be taxed under the more
generous rules that applied before 22 March 2006.
released debt Debt that is discharged by a composition between the debtor and
creditor. An example is where the creditor accepts a lower sum to
secure a payment in circumstances where otherwise nothing would be
received.
The amount discharged is usually a tax-deductible expense for the
creditor on the same basis as a bad debt.
For the creditor, the amount released is regarded as trading income,
except when (from 30 November 1993) it is part of certain formal
arrangements under insolvency law.
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release of goods Term used when Customs allow an importer free access to imported
goods having ensured that this is the appropriate Customs procedure
and that all relevant duties have been paid.
Relevant administrator For a retirement benefits scheme, former approved superannuation fund
or relevant statutory scheme as defined in section 611A Income and
Corporation Taxes Act 1988 (ICTA), or a pension scheme treated by
HMRC as a relevant statutory scheme, this is the person(s) who is/are
the administrator of the pension scheme under section 611A of ICTA.
For a deferred annuity contract where the benefits are provided
under one of the types of scheme above, or a retirement annuity, this is
the trustee(s) of the pension scheme, or the insurance company which is
a party to the contract in which the pension scheme is comprised.
For a Parliamentary pension scheme or fund, this is the trustees of
the scheme or fund.
For a personal pension scheme, this is the person who is referred to
in section 638(1) of the Income and Corporation Taxes Act 1988).
Relevant annuity For the purposes of Part 4 of the Finance Act 2004 (pension schemes
etc) a “relevant annuity” is a single life annuity without a guaranteed
term.
statement that the auditors have received all relevant audit information.
relevant benefits Benefits which derive from the financial instrument or provision under
discussion.
relevant foreign income Income of a person who is neither domiciled nor ordinarily resident in
the UK that may be taxed on the remittance basis (Income Tax
(Trading and Other Income) Act 2005 from s841).
The term is further defined in the Inspectors’ Manual at SAIM
1130.
relevant goods Excise goods on which the duty has not been paid (excluding
hydrocarbon oils).
relevant inaccuracy In terms of penalties, means “an inaccuracy which amounts to, or leads
to —
(a) an understatement of a liability to tax,
(b) a false or inflated statement of a loss, or
(c) a false or inflated claim to repayment of tax.”
(Finance Act 2007 Sch 24 para 1A(1)).
relevant prior gift An associated benefit previously made to a donor under Gift Aid
(Income Tax Act 2007 s418(4)). The tax relief for a donation could be
restricted if the value of an associated benefit and relevant prior gift
exceed £500.
relevant property regime Regime of inheritance tax rules for trusts. Before 22 March 2006, this
was known as the discretionary trust regime.
Broadly a trust that comes within the regime is subject to ten-
yearly charges and an exit charge. Also, the settlement can be a
lifetime disposition for inheritance tax if sufficiently large.
Privileged trusts are outside the regime.
relevant property trust Trust within the scope of the relevant property regime.
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relevant right to vote Term used in Companies Act 2006 s374 with regards to the extent to
which members have sufficient voting strength to call meetings of the
company and to submits statements.
Relevant UK individual An individual is a relevant UK individual for a tax year if the individual
has relevant United Kingdom (UK) earnings chargeable to income tax
for that year, the individual is resident in the UK at some time during
that year, the individual was resident in the UK both at some time
during the five tax years immediately before that year and when the
individual became a member of the pension scheme, or the individual,
or the individual's spouse, has for the tax year general earnings from
overseas Crown employment subject to UK tax.
reliability Qualitative characteristic of being free from material error and bias,
representing faithfully.
This is one of the four requirements of accounting information
required by Statement of Principles.
Reliability is itself broken down into five elements:
• faithful presentation
• neutral
• free from material error
• complete
• prudence.
relief shift Period of work (or the people who perform it) which usually comes
between the day shift or night shift.
relievable loss Loss incurred by a business in its final tax year which is not relieved
by being offset against other income of the same tax year (Income Tax
Act 2007 s89(2)). This loss may be relieved against profits of the
previous three years.
relievable property For inheritance tax, property on which business relief or agricultural
relief is available.
religious For VAT and such bodies, the term “includes all denominations, creeds,
old and new, that command a following” (VAT leaflet 701/5).
religious community Monastery, convent or similar establishment where people live under
religious vows. These usually include sharing property on a communal
basis.
Members of religious communities are exempt from the national
minimum wage provided:
● the community is a charity or established by a charity;
● the purpose of the community is to practise or advance a
religious belief;
● all or some members live together for that purpose.
religious exemption Right to submit tax returns on paper rather than by computer where a
taxpayer’s religious beliefs are incompatible with using computers. This
applies to partnerships if all partners share such belief. In practice, the
exemption is claimed by some Orthodox Jews and members of certain
Brethren organisations.
religious marriage Marriage which has been conducted in accordance with the usage of a
religion in addition to the requirements of the law. Under Matrimonial
Causes Act 1973 s10A (inserted by Divorce (Religious Marriages) Act
2002 s1), a decree absolute may be refused in a divorce until steps have
been taken to dissolve the religious marriage.
The Act is intended for Jewish marriages, though the provisions is
written to include any religion.
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remaining amount Expression used in Corporation Tax Act 2010 s23 in relation to
calculating corporation tax on ring fence profits.
remedial order Order of a court that reverses the sale of shares or other security in a
private company to a member of the public in contravention of
company law (Companies Act 2006 s759(1)).
remedy Means provided by the law for the recovery of a right or compensation
for an infringment of a right. It is distinct from penalties and
punishment.
remittance advice Document which gives details of income. It is usually numbered, filed
and cross-referenced to the receipts side of the cash book.
remittance basis When tax is charged on foreign income only to the extent that it is
remitted to the UK. The opposite is known as the arising basis.
In general, this basis is used by taxpayers who are resident in the
UK, but who are either not ordinarily resident nor domiciled in the
UK.
remitting bank Bank into which a person has made a payment and which has the
obligation to collect funds from the bank from which the payment is
made.
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remortgage This is when you switch your mortgage from your current lender to
another one. You take out a new mortgage to repay your current one.
You may be able to get a better rate that saves you money.
remoteness test Rule on the tax-allowability of expenditure. This generally restricts the
allowability to the direct purpose of the payment and not to the indirect
benefit that may arise. A leading case is Union Cold Storage Ltd v
Jones [1924] 8TC725. The matter is discussed in the Inspectors’
Manual at BIM37200. See also Usher.
remote operating licence Licence issued by Gambling Commission to someone who either offers
remote gambling or who offers gambling services by remote
communication (Gambling Act 2005 s67).
Remote Transit Shed An approved place situated within the boundaries of the appointed area
of an approved airport, but outside the HM Revenue & Customs
approved area where non-European Union (EU) goods may be held
until they are assigned to a customs approved treatment or use.
removal authority A release note that is produced when a request has been made for goods
in transit, or for goods being removed to another shed or another
airport.
removal document For customs purposes, either Single Administrative Document (SAD)
copy 3, approved commercial document, laser printed or approved
privately printed versions of the Single Administrative Document
(SAD).
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removal order Order which requires a Scottish adult at risk to be moved to a place of
safety under Adult Support and Protection (Scotland) Act 2007 s14.
removed Description used for Customs purposes for goods dispatched to another
Member State of the European Union (EU) and goods exported to a
destination outside the EU.
remuneration Non-statutory term which “includes salaries, fees, pay, wages, overtime
pay, leave pay, bonus, commission, perquisites, tips, gratuities, benefits
in kind and expenses payments and allowances” (HMRC leaflet 480).
A company may claim remuneration of its staff as a business
expense unless the remuneration remains unpaid nine months after the
year-end (Corporation Tax Act 2009 s1288).
For national insurance, a definition is given in Social Security
(Categorisation of Earners) Regulations SI 1978 No 1689 reg 1(2).
renewal of a lease Grant of a further lease at the end of a term of an existing lease.
renewal of a tax Term used in Provisional Collection of Taxes Act 1968 to refer to the
position where some taxes need a fresh mandate each year, particularly
income tax. Section 1(2) makes clear that this expression includes
reimposition of a tax.
renewals allowance For capital gains tax, means “a deduction allowable in computing the
profits of a trade, profession or vocation for the purpose of income tax
by reference to the cost of acquiring an asset for the purposes of the
trade, profession or vocation in replacement of another asset” (Taxation
of Chargeable Gains Act 1992 s41(5)).
The renewals allowance is treated as an allowable deduction from
the disposal proceeds of the replacement asset.
renouncing probate When a person appointed executor in a will refuses to accept the office.
rent Arrangement whereby one person pays money to another to use that
person’s property.
rent tribunal Body which settles disagreements between landlords and tenants about
the amount of rent which should be payable at a rent review.
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rent-a-room Scheme whereby a person may let a room in their home and not pay tax
on the rent up to a certain limit.
The scheme was introduced on 6 April 1992 with an annual limit of
£3,250, increased to £4,250 from 6 April 1997.
The room must be furnished. The relief may be claimed by an
individual or a business, however the tenant must not use the room for
business purposes. Incidental use, such as a desk for private study or
occasional work is accepted.
The allowance is per taxpayer not per tenant, except that a husband
and wife may only claim one allowance. If two people let a room in the
same building, the rent-a-room allowance is apportioned between them.
rentcharge Any annual or other periodic payment charged on land other than lease
payments or interest (Rentcharges Act 1977 s1).
No rentcharges may be created after 22 August 1977 (ibid s2(1)).
renvoi Doctrine regarding the choice of law where a matter falls within the
scope of alternative jurisdictions.
If an agreement seeks to make judges of country A impose the law
of country B, or judges of country B to impose the law of country A,
then a judge in country A imposes the law of country A.
The principle is that a choice of jurisdiction must accept the totality
of that jurisdiction. The parties cannot choose the laws of one country
and the court system of another.
reorder level Stock quantity below which further supplies should be ordered.
reorder quantity Amount of stock which should be reordered when the reorder level has
been reached.
repair Term used when HMRC amends a return it has received from a
taxpayer.
This procedure is used for obvious errors such as transposed
figures, arithmetical errors, errors of principle and similar. HMRC has
nine months from receipt of return to make a repair. It must notify the
taxpayer who may then accept it or reject it.
repayment mortgage Mortgage where each payment includes some repayment of capital as
well as interest.
repayment schedule Offer made by a debtor to a creditor saying how he intends to clear the
debt.
replacement Person, business, asset or funds which are used in place of such item
which is no longer available.
replacement car For income tax on employment income, a car that replaces the normal
car of an employee (Income Tax (Earnings and Pensions) Act 2003
s145(1)(b)).
replacement cheque Cheque issued to replace one which was stopped, dishonoured or
became stale.
replacement cost A measure of current value which estimates the cost of replacing an
asset or liability at the date of the balance sheet. Justified by reference
to value to the business.
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replacement investment This is where companies buy new machinery and equipment that
simply replaces something they had already that was worn out or
inefficient. Depreciation is often used as an approximation for this.
replacement loan (1) Term used in various parts of taxing acts (such as Income Tax Act
2007 s408) to mean a loan that pays off a loan taken out for a particular
purpose. In general, a replacement loan is treated for tax purposes on
the same basis as the loan it replaces.
(2) A loan that replaces an employment-related loan (Income Tax
(Earnings and Pensions) Act 2003 s186).
replacement right For national insurance on share options, term used in Social Security
Contributions (Share Options) Act 2001 s3.
replacement securities Term used in Taxation of Chargeable Gains Act 1992 s138A when
shares or other securities are acquired by an earn-out right.
replevin Legal remedy of a person whose goods have been unlawfully taken
from him.
repo Sale of securities with an agreement to buy them back later, almost
always for a higher price. A repo is sometimes also called RP or sale
and repurchase agreement. The security is often used as collateral to
secure a loan. There are many variations on this arrangement.
In relation to the sale and repurchase of securities, the term “means
—
(a) a debtor repo or debtor quasi-repo, or
(b) a creditor repo or creditor quasi-repo (including anything
treated, as a result of section 547 of CTA 2009, as a creditor repo for
the purposes of section 546 of that Act)” (Finance Act 2007 Sch 13 para
15(9)).
repo rate Difference between the amount paid to repurchase a repo security and
the same at which it is sold.
report by skilled persons Report which the Pensions Regulator may require from the trustees or
managers of a pension fund with regard to a matter stated in a report
notice. These reports are regulated by Pensions Act 2004 s71.
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reporting entity Person, business, organisation or other entity for which a set of
accounts relates.
reporting period The time after the end of an accounting period during which all
transactions for that period must be finalised.
report notice Notice issued by the Pensions Regulator under Pensions Act 2004 s71
requiring the trustees or managers of a pension fund to provide
specified information.
report of attachment In Scotland, a report which must be made to the sheriff in respect of the
execution of an attachment in collection of a debt (Debt Arrangement
and Attachment (Scotland) Act 2002 s17).
repossession When a landlord, lender or mortgagee takes back property for unpaid
amounts due.
representative A person appointed on behalf of another to carry out the acts and
formalities required by customs rules. Representatives may be either
Direct or Indirect. A representative must state who they are acting on
behalf of, specify the type of representation, and be empowered to act
in that capacity.
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representative board Type of board of directors which places more emphasis on the
directors’ tasks than it does on interpersonal relations between
directors.
representative member In VAT, the company in a group which is responsible for the submitting
the group’s VAT returns.
representative occupation For capital gains tax, a condition for claiming rollover relief.
representative partner Member of a partnership who is responsible for declaring the income
and capital gains of the partnership. This is then used by the individual
partners in submitting their own tax returns. The term nominated
partner is sometimes preferred.
Republic of Ireland Independent state of the island of Ireland, excluding Northern. The
Republic was born as the Irish Free State on 6 December 1922 and
became completely independent of the UK in 1949 when it became a
Republic. It joined the EU at the same time as the UK in 1973.
Tax in the Republic is very similar to that in the UK, based on the
common system before independence. Terms such as P45 and Schedule
E have the same meaning.
Since 2002, the Republic uses the euro as its currency and the
calendar year as its tax year.
Income tax is assessed under Schedules C to F which have the
same meaning as they had in the UK (except they have no Schedule D
Case VI). It is charged at a standard rate of 20% and then a higher rate
of 41%. The amount may be reduced by tax credits. These replaced the
UK-style allowances in 2001.
An income levy was introduced from 2009 as an addition to income
tax. Discretionary trusts also pay an additional tax.
Corporation tax is charged at the low rates of 10% and 12.5%.
Employment income is collected under PAYE which is similar to
the UK system but is completely independent of it. Other income tax is
paid under self-assessment.
Pay Related Social Insurance (PRSI) is charged under various
classes as the equivalent to national insurance.
Capital gains tax is charged at 22% or 25%.
VAT is levied at rates ranging from 0% to 21%.
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repudiation Refusal to accept something which has previously been accepted, or the
removal of such acceptance often by a higher authority.
repurchase agreement Agreement between a company and its shareholder whereby the
company makes arrangements to buy back the shares. The tax
implications are set out in Income and Corporation Taxes Act 1988
s231AB.
reputation The extent to which tax relief may be claimed for protecting one’s
reputation is discussed in the Inspectors’ Manual at BIM37965. A
leading case is McKnight v Sheppard [1999] 71TC419.
request for abandonment Application to Customs made jointly by a right-holder and interested
parties for imported goods to be destroyed.
This procedure is used when goods are intercepted for breaching
intellectual property rights, such as smuggling in pirated goods. The
procedure is given in Customs notice 34.
required information Information which a person must provide to another, particularly tax
information which must be provided to HMRC under Taxes
Management Act 1970 s20(7AC).
required rate of return Amount of return which an investor is looking for in an investment.
resale Selling of goods which have been bought for that purpose.
reschedule Arrange a new timetable for something, particularly for the payment of
debts.
reseller Someone who sells goods bought for the purpose, particularly when the
people to whom the goods are sold acquire them for sale.
reservation of title Clause in a contract which says that ownership of supplied goods only
passes when they have been paid for. Such a clause is sometimes
known as a Romalpa clause.
For a supplier, this has the advantage that if the customer becomes
insolvent, the supplier can claim back the goods which minimises the
loss. Otherwise, the supplier would be an unsecured creditor and
would receive little or nothing of the sum owed.
For accounting purposes, reservation of title clauses are usually
ignored.
reserve Sum set aside in the accounts for a particular future purpose.
In insurance, it is the sum set aside by an insurance company as a
liability to meet future claims and other obligations.
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reserve currency Strong currency used in international trade, and held by countries
whose own currency is not strong.
reserve for fluctuations Money put aside to deal with day-to-day variations in exchange rates.
reserve fund Profits of a business which have been retained for a specific purpose.
reserved forces “The Royal Fleet Reserve, the Royal Navy Reserve, the Royal Marines
Reserve, the Territorial Army, the Royal Air Force Reserve or the
Royal Auxiliary Air Force” (Armed Forces Act 2006 s374).
reserved legal activity Term used in Legal Services Act 2007 s12(1) to mean the right of
audience in court, conduct of litigation, reserved instrument activities,
probate, notarial activities and the administration of oaths.
reserved occupation Occupation which was considered essential and therefore excused the
person from military duty during the war. The list was first issued to
prevent essential workers from joining the military.
reserves Amounts of retained profit which are retained for either a general or
specific purpose.
reservists People in normal occupation who can be called up for military duty.
A training allowance for such a person is not a taxable benefit
(Income Tax (Earnings and Pensions) Act 2003 s298).
resettlement grant Sum paid to a person to adopt a different way of life, such as when a
person emigrates or when a politician ceases to hold office.
res gestae Facts relating to a transaction that is the subject of legal proceedings.
This legal rule can admit observations by people that would otherwise
be ruled inadmissible as hearsay.
residence (1) The country where a person lives. It has tax implications.
Guidance on company residence is given in statement of practice
SP1/90.
(2) The premises in which a person lives.
For employment, it is where the employee lives (Income Tax
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residence requirement Requirement that an offender subject to certain types of order must
reside at a specified place (Criminal Justice Act 2003 s206).
residential address Where a person lives. A company director once has to disclose his
home address in the register of directors. It is now permissible for the
director to give a service address which may be the company’s
registered office (Companies Act 2006 s163(5)).
residential care home This activity is excluded from the tax relief for venture capital trusts by
Income Tax Act 2007 s309. For this purposes s309(3) defines a
residential care home as “any establishment which exists wholly or
mainly for the provision of residential accommodation, together with
board and personal care, for persons in need of personal care because
of:
(a) old age;
(b) mental or physical disability;
(c) past or present dependence on alcohol or drugs;
(d) any past illnesses; or
(e) past or present mental disorder”.
residential property “Means premises in England and Wales consisting of a single dwelling-
house, including any ancillary land” (Housing Act 2004 s148(1)).
residential trip School trip which involves children staying overnight. There are
provisions for relieving parents of the cost of such trips under
Education Act 1996 s457 as amended by Education Act 2002 s200.
residual input tax Input tax incurred by a business on goods and services used or to be
used in making both taxable and exempt supplies. This value is
apportioned between taxable and exempt supplies by the partial
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exemption method.
residual income Net profit before tax minus a nominal interest charge for the cost of
capital. This measure is often used to assess the performance of a
division.
residual or scrap value In relation to wasting assets, means “the predictable value, if any,
which the wasting asset will have at the end of its predictable life”
(Taxation of Chargeable Gains Act 1992 s44). Other parts of this
section indicate how this is to be calculated.
residual value The estimated amount that an entity would currently obtain from
disposal of the asset, after deducting the estimated cost of disposal, if
the asset were already of the age and in the condition expected at the
end of its useful life.
residuary devisee In executorship, a person entitled to the residue of the testator’s land
and buildings (Wills Act 1837 s25).
residuary legacy Legacy of whatever is left when all other legacies have been paid.
residue Something left over, such as money left over after all expenditure has
been met.
In executorship, the term means what is left of a person’s estate
after payment of all taxes, debts, funeral expenses, legacies and similar.
The will should specify who is entitled to the residue.
resignation letter Letter from an employee stating why they are ending their employment
and giving the date from which it is ended.
resignation of auditor When an auditor gives notice of his ceasing to act in that capacity for
any reason. The legal consequences are explained in Companies Act
2006 ss516-526.
resigning auditor Auditor who has resigned his appointment as such. Such an auditor has
certain statutory rights, including the right to issue a statement to
members on why he has resigned (Companies Act 2006 s518(3)).
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res integra A matter that is governed by no known rule of law but which must be
determined upon principle.
res ipsa loquitur Latin: the thing speaks for itself. This term is particularly used in cases
of negligence, as in Byrne v Boodle [1863].
res nova Latin: a new thing, particularly a legal matter not yet settled.
res nullius A thing that has no owner. The meaning is similar to bona vacantia.
resolution plan Document that sets out the circumstances when a business may fail.
For financial institutions, the provisions of such plans are addressed
in Financial Services and Markets Act 2000 s139C.
resource spending “Current government expenditure, such as staff pay, running costs,
procurement and grants” (HM Treasury glossary).
respondeat superior Latin: let the principal answer. Where an employment exists, the
employer is liable for the acts of the employee in the employment. See
also vicarious liability.
respondent Party to a tribunal hearing against whom the proceedings are brought.
The party bringing the proceedings is called the appellant.
For tax hearings, the term “means —
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responsibility accounting Financial records that indicate who is responsible for each item.
responsible clinician Person who makes judgments about a patient’s mental capacity under
Mental Health Act 2007.
rest break Break from work, usually when an employee may eat and drink.....
For the national minimum wage, rest breaks do not count as
working hours.
restated figures Accounts, or figures in accounts, which have been amended to correct
an error or to reflect the true and fair position more accurately.
restitutionary claim Claim for money to be returned such as when an overpayment has been
made. The right of someone to make such a claim does not prevent the
possessor of the money being taxed on it as trading income (Pertemps
Recruitment Partnership Ltd v HMRC [2011] UKUT B8).
restoration order (Order made by the Pensions Regulator when a final salary (or defined
benefit) occupational pension scheme has made a transaction at
undervalue.
[The term also has other legal uses, such as to restore devolved
government in Northern Ireland.]
restore button In computing, this is a small icon which the user may click to restore
the window to its full size. In Microsoft this looks like two overlapping
documents.
restraint of trade Contract that seeks to limit the trading activities of one of the parties.
A complete restraint of trade is usually void. A partial restraint of
trade may be legal.
restraint order Order which a Crown Court may make under Proceeds of Crime Act
2002 s41. This prohibits a person from dealing with any of his
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realisable property.
restricted funds Grants and donations, particularly to a church or charity, which are
made for a clearly specified purpose and can be used for none other.
restricted goods Goods needing a licence or certificate before they can be imported into,
or exported from, the UK. This contrasts with prohibited goods that
cannot be imported at all.
Restricted goods include “firearms, explosives and ammunition,
live animals, endangered species, certain plants and their produce, and
radio transmitters” (Customs notice 3).
The legal definition is “goods of a class or description of which the
importation, exportation or carriage coastwise is for the time being
prohibited or restricted under or by virtue of any enactment” (Customs
and Excise Management Act 1979 s1(1)).
restriction In law, a notice to the Land Registry that a charging order has been
made on a property.
restriction on disposal Such a restriction may reduce the value of an asset for capital gains tax
or inheritance tax purposes.
restriction on shares Any arrangement that limits the rights of a shareholder in relation to his
or her shares.
For a public company, such a restriction may be challenged. The
provisions are set out in Companies Act 2006 ss794-802.
restrictions and sanctions Rules governing goods which need a licence or certificate before they
can be imported into, or exported from, the UK.
restrictive covenant Clause in a contract which prevents someone from doing something,
particularly a clause in a contract of employment which imposes
restrictions on what an employee may do.
Whether such a payment is revenue or capital is discussed in the
Inspectors’ Manual at BIM35595.
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resulting trust Trust which arises from the conduct of the parties.
retail Sale of items to the general public in quantities small enough for their
personal use. Supplies in larger quantities to retailers are known as
wholesale.
retail banking Services provided by a bank to members of the public. Such services
include cheque book accounts, deposit accounts, issue of various cards,
mortgages, investments and the provision of other financial services.
retail credit Arrangement to buy goods and pay by instalments. The goods are taken
back if payment is not made.
Retail Prices Index (RPI) Index that measures increases in prices of consumer goods.
For general economic use, it has now largely been replaced by the
consumer price index (CPI). However RPI is still used to index
various tax allowances, social security payments and National Savings
products.
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Retail Scheme A method of arriving at the value of VAT due on retail sales where this
is not separately identified at the point of sale. There are a number of
these schemes.
retain Keep rather than pass on, such as profits which are retained by the
business for its future development or commission which a seller
deducts from money collected.
retained assets Term used in Income and Corporation Taxes Act 1988 s444AB(6A)
regarding the tax consequences of a transfer of annuity business.
retained liabilities Term used in Income and Corporation Taxes Act 1988 s444AB(6A)
regarding the tax consequences of a transfer of annuity business.
retained profit Profit of the period remaining after dividend has been deducted.
retainer Money paid to someone other than as a reward for specific work, such
as to be able to give advice or not to work for someone else.
retire Finish work, usually because a person has reached a particular age.
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retirement annuity trust Form of retirement provision for the self-employed and others in non-
pensionable employment that could be approved by Inland Revenue
before 1 July 1988 under Income and Corporation Taxes Act 1988 Part
14 Chapter 3.
From 6 April 2006, such trusts are treated as a registered pension
scheme.
retirement benefit scheme A retirement benefit scheme is any of the following a scheme which
was approved under Chapter 1 of Part 14 of Income and Corporation
Taxes Act (ICTA) 1988; a relevant statutory scheme (as defined in
s611A ICTA 1988);
retirement benefits Amounts provided to a person who has retired, usually by the pension
scheme.
retiring partner Partner who leaves a partnership. Such a partner remains liable for
debts and other obligations incurred before retirement (Partnership Act
1890 s17(2)) unless an agreement has been reached with the new
partnership under ibid s17(3).
For tax, a retirement ends a partnership and creates a new one
unless the old and new partners sign an election to treat them as one
continuing partnership.
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return (1) The yield or reward from an investment. The reward earned for
investing money in a business. Return may appear in the form of
regular cash payments (dividends) to the investor, or in a growth in the
value of the amount invested.
(2) Form which must be submitted as part of a financial procedure, such
as a tax return or company’s annual return.
return (1) For tax management, “includes any statement or declaration under
the Taxes Acts” (Taxes Management Act 1970 s118(1)).
(2) In investment, total amount received from all sources. This often
means dividends plus capital gain.
return of allotment Form that a company must make to Companies House within one
month of allotting shares (Companies Act 2006 s555).
return on net assets Ratio of profits of a business as a percentage of its average net assets.
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return on total assets Operating profit before deducting interest and taxation, divided by total
assets.
return to work credit Social security benefit that may be able for up to 52 weeks on starting a
new job earning up to £15,000 a year.
The benefit is paid under Employment and Training Act 1973 s2.
The benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
revaluation method Method for revaluing an asset, particularly the depreciation policy for a
fixed asset.
revaluation reserve The claim which owners have on the assets of the business because the
balance sheet records a market value for an asset that is greater than its
historical cost.
revenue account Account which deals with income and expenditure of the day-to-day
activities, as against a capital account.
For local authorities, the term is defined in Local Government Act
2003 s22.
revenue charge In VAT, the general rule that tax is charged according to the country
where the supplier is based.
There are several exceptions to this rule, particularly with regard to
intra-EU supplies.
Revenue Decision (RD) Statements from Inland Revenue (now HMRC) which clarify a point of
tax law. Some were issued in 1983 since when no more have appeared.
They appear identical in purpose and status to Revenue
Interpretations.
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Revenue-neutral policies If the government decide to reduce the level of taxation, they may also
want to reduce the level of government expenditure by an equivalent
amount. This would mean that the tax cut has no effect on the PSNCR
(the level of government borrowing). It is therefore termed a revenue-
neutral policy.
revenue recognition The point at which sales income is recorded in the accounts of a trading
organisation.
There is no formal accounting standard on this point. In practice,
this is usually when an invoice is issued, that is when the trader has
discharged either all the obligations to the customer, or had discharged
such part of them as justifies a payment. This is generally known as
accruals accounting.
Sometimes a business may take the later stage of when the customer
has paid. This is generally known as cash accounting. It is generally
not acceptable for income tax or corporation tax; it is acceptable for
VAT up to a monetary limit.
Other tax implications of revenue recognition are discussed in the
Inspectors’ Manual from BIM40075.
Revenue Support Grant The main government grant to support local authority services.
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reverse burden of proof Where the burden of proof is on the opposite party to the one on
whom the burden would otherwise fall. This arises particularly in
claims for sex discrimination or racial discrimination. If an employee,
for example, can prove that an employer’s action disadvantageously
impacts on one sex or one race more than others, the burden of proof is
then reversed so the employer must show that the action was not
sexually or racially motivated.
reverse charge Normally, it is the supplier of goods or services who must account to
HM Revenue & Customs for any VAT due on supplies. In certain
situations, however, it is the customer who must account for the VAT
instead. Also known as Tax Shift.
reverse leverage Borrowing money at a rate of interest which is higher than the expected
return on capital.
reverse takeover Takeover where the company being taken over becomes the new owner
of the acquiring company. This is achieved by the acquiring company
shareholders exchanging their shares for those in the acquired company.
A reverse takeover happens when the company taken over is seen as a
more appropriate vehicle for the new group. An example is when a
trading company takes over a listed shell company as a shortcut to
getting a Stock Market listing.
reverse yield gap Amount by which a bond yield exceeds equity yield or interest rates. It
is usually expressed as a percentage of the cost of the underlying assets.
reversion Any legal or practical process which passes the ownership of an asset or
liability to someone who previously owned it.
reversionary annuity An annuity paid to someone on the death of someone else, such as to
the husband or wife of the annuity holder.
reversionary bonus Bonus added to the value of a with profits policy each year.
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review period For determining national insurance rates, means the period from 1
October to 30 September for every year starting in 1998 (Social
Security Administration Act 1992 s148A).
revised accounts In company law, accounts which are issued after accounts for the same
period have been published (Companies Act 2006 s454).
revocation of probate Where probate is revoked having been granted. This may happen if a
later will is found, or if there is other sufficient cause.
revolving credit System where someone may borrow any amount to a fixed limit,
including borrowing while making payments. All credit cords offer
revolving credit.
revolving loan A loan where the borrower may borrow up to a fixed limit, and may
continue to borrow up to that limit while making repayments.
reward for failure Bonus or similar incentive which is payable to a director or senior
manager even when the person fails to do their job properly. The term
started to be used in 2008 in the context of directors of banks who
continued to be paid huge bonuses despite the failure of their banks.
reward for services Term used in cases concerning the tax liability of employment income.
For example, in the case Hochstrasser v Mayes [1960], Upjohn J said
that a profit from employment “must be in the nature of a reward for
services, past, present of future”. The inspectors’ manual at EIM 00610,
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however, states that “the words ‘reward for services’ should not be
taken too literally”.
rex nunquam moritur Latin: the king never dies. The monarchy and government continues
automatically on the death of a monarch.
RFC Release for free circulation, term used in relation to customs duties
and VAT on imported goods.
RFTU Road Fuel Testing Unit - a mobile unit which tests fuels in both
vehicles and terminals, to detect oils that are being misused and to
ensure that the revenue is protected.
RGR Returned Goods Relief - a system of duty relief for goods previously
exported from the European Union (EU) and re-imported in the same
state as at export.
riba Islamic term for usury. In this context this means all charging of
interest, which is forbidden under Sharia law.
There are two types of riba:
• increase in capital without providing any services; and
• commodity exchanges of unequal amount.
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RIBA Royal Institute of British Architects. Their contracts are widely used for
building projects.
rien ne va plus French: nothing goes any more. Expression used by croupiers that no
more bets may be placed.
right Legal entitlement to something. One person can only have a right if
someone else has a duty to provide it.
right holder “The holder of a trade mark, copyright, right in a performance, design
right, patent, supplementary protection certificate, plant variety right,
protected designation of origin, geographical designation, any person
authorised to use those rights or an authorised representative” (Customs
notice 34).
Customs may seize goods where the rights of the right holder are
infringed.
right to buy legislation Laws that allowed tenants to buy their council houses and similar
property.
The laws are Housing Act 1985 Part V and Housing (Northern
Ireland) Order 1983 Chapter I of Part II.
These laws are referred to in Finance Act 1988 Sch 4 para 13 in the
context of the Business Expansion Scheme.
rights issue An issue of shares where a company gives its existing shareholders the
right to buy more shares in proportion to those already held.
RIH Right ingual hernia. Common abbreviation for sick notes (HMRC
leaflet E14).
ring In purchase tax, the term was used for registered suppliers who were
allowed to supply goods to each other free of tax. This provision was
abolished in 1973 with the tax.
ring fence Process by which assets, liabilities, income and expenditure are
considered separately from the other assets, liabilities, income and
expenditure.
Ring-fencing may be for legal or financial reasons. Legal reasons
may be for tax purposes, such as for tonnage tax.
ring fence amount Figure used to calculate corporation tax on ring fence profits¸ as
explained in Corporation Tax Act 2010 s22.
ring-fenced When activities are regarded separately from other activities, usually
become some different rules or tax provisions provide.
Examples of ring-fencing in taxation can be found for real estate
investment trusts and tonnage tax.
ring fence fraction Figure used to calculate corporation tax on ring fenced profits
(Corporation Tax Act 2010 s20(3)).
ring fence income Income which must be considered separately from other income,
particularly income from oil extraction (Income Tax Act 2007 80(1)).
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ring fence trade Trade whose income is ring-fenced for tax purposes and not mixed with
other income (Income Tax Act 2007 s87). The most common example
is oil extraction.
risk Chance that something adverse will happen. Risk can rarely be avoided
but can usually be mitigated, see risk mitigation.
In investment, factors that may cause the profit or cash flows of the
business to fluctuate.
“Uncertainty as to the amount of benefits. The terms includes both
potential for gain and exposure to loss” (FRS 5 para 5).
“In respect of an occurrence assessed and expressed (as for
insurance and scientific purposes) as a combination of the probability of
the occurrence with its potential consequence” (Flood and Water
Management Act 2010 s2(1)).
risk arbitrage Business of buying shares in companies which are expected to be taken
over and thus expected to rise in value.
risk asset ratio In banking, the proportion of the assets which are in risk assets.
risk-weighted assets Assets which include off-balance sheet items for insurance purposes.
RL13 “The amount by which AL13 exceeds VE” (Income and Corporation
Taxes Act 1988 s444ABB). These are figures shown on Form 14
completed by life assurance companies, and are used to calculate the
companies’ retained assets in determining their tax liability.
road fuel Fuel for a mechanically propelled vehicle constructed or adapted for
use on roads.
road fuel gas “Means any substance which is gaseous at a temperature of 15ºC and
under a pressure of 1013.25 millibars, and which is for use as fuel in
road vehicle” (Hydrocarbon Oil Duties Act 1979 s5 and Income Tax
(Earnings and Pensions) Act 2003 s171(1)).
In the UK there are two types of such gas in use: compressed
natural gas (CNG) and liquid petroleum gas (LPG). Company cars
which run on this fuel may attract a lower rate of tax for the employee.
For employment income, there is a special provision in Income Tax
(Earnings and Pensions) Act 2003 s146.
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road safety grant Grant which a transport authority may make to a local authority for
measures to promoted road safety (Road Traffic Act 1988 s40).
road-pricing Proposed additional tax on motorists, charging per mile for using
certain roads at certain times. Such a system needs cars to be fitted with
chips or for significant infrastructure expenditure. The proposed tax is
in addition to congestion charges, low emission zone charges and all
other taxes imposed on driving.
rolled-up coupons Interest coupons on securities where no payment is made, but the value
is added to the capital.
rolled-up holiday pay When payment for holiday is not made at the time of the holiday but as
an addition to pay for all weeks that the employee is at work with no
payment at all for the weeks on holiday.
The Working Time Directive specifies a minimum period of paid
leave to which all workers are entitled. The European Court of Justice
has made it clear that it would like to see rolled-up holiday pay
outlawed, however it has also been held that it does not contravene the
directive provided the rolled-up holiday pay is made “transparently and
comprehensively”. Useful guidance on this has been provided by the
Employment Appeal Tribunal in Lyddon v Englefield Brickworks. EAT
[2007]
rolled-up indexation For capital gains tax, indexation on a rolled-over disposal (Taxation of
Chargeable Gains Act 1992 s55(9)).
rolling account US term for the stock market system where there is no fixed account
days but where transactions are settled as they occur.
rolling budget Budget which proceeds during the year on a cumulative basis, usually
one month at a time.
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rolling up Adding a profit or gain from one period to that of a future period.
roll-over relief Tax relief for capital gains tax. If the proceeds from the disposal of
certain categories of fixed asset are used to buy a similar asset, the tax
is postponed until the disposal of the new asset, unless rolled over
again. So if a business sells its premises and uses the proceeds to buy
new proceeds, it pays no tax.
The relief is set out in Taxation of Chargeable Gains Act 1992 s152.
A separate relief may be claimed for transfer of a business (ibid s162).
[Note that the Act hyphenates roll-over.]
Rooker-Wise Amendment
Requirement that the main income tax allowances should be increased
each year in line with inflation unless Parliament decides otherwise
(which it had done many times). This provision is now enacted as
Income Tax Act 2007 s21.
The provision is named after the then Labour MPs Geoff Rooker
and Audrey Wise.
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round off Reduce the digits in a decimal number by removing the final zeros.
Sometimes the term is used to mean simply rounding.
round sum allowance Addition to an employee’s pay to cover some expense, particularly
when a figure has been agreed rather than pay the exact amount.
Such a payment is always treated as gross pay, which means it is
subject to tax and national insurance unless covered by a dispensation.
The employee may be able to claim tax relief.
routine domestic tasks Tasks “such as housework, simple odd jobs, shopping and collecting a
prescription or pension” (VAT notice 701/2).
If an organisation provides a service of doing such tasks for a
person unable to perform them himself or herself, the provision may be
zero-rated as a welfare service under Value Added Tax Act 1994 Sch 7
Group 9.
Royal Assent When the monarch signs a Bill making it an Act of Parliament.
Originally the Bill had to be signed by the monarch personally or
by commission by letters patent under the Great Seal. The procedure is
now as set out in Royal Assent Act 1967.
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royal charter Method by which a company, charity or other body may come into
existence.
royal commission Body of persons nominated by the Crown (in practice, by the prime
minister) to look into a matter and report back.
royal dues Taxes charged between 1066 and 1215, and levied by the monarch as
he saw fit. Abuses of the system led to the Magna Carta.
royal lives clause Clause in a trust defining time according to the life of a royal person,
such as “during the lifetime of the children of HM Elizabeth II”. Such a
clause was traditionally used to define the perpetuity period.
Royal Mint Body responsible for producing Britain’s coins. It also produces
medals, and coins for other countries.
royalty Payment to someone for the right to use their property. Examples
include copyright payments to authors and composers, patent payments
to inventors, and similar payments to land-owners.
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royal warrant Official authorisation for a supplier to provide goods or services to the
royal household. The supplier may display a crest on his premises and
notepaper.
RPI Retail prices index; the official measure of inflation until December
2003 when replaced by CPI.
RRL Relevant retained liabilities (as used in Taxes Management Act 1970
s444ABB).
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rub-down search “Search which is neither an intimate search nor a strip search”
(Customs and Excise Management Act 1979 s164(5)).
The person to be searched, known as the suspect, may require the
Customs officer to refer the matter to his superior (ibid s164(3).
The search must be done by an officer of the same sex as the
suspect (ibid s164(4)).
rubber-stamp board Term used for boards of directors of letter-box companies and similar
companies. They simply endorse what the real directors of the company
says.
rugby Sport played in two forms: Rugby Union and Rugby League.
It was originally an amateur game with 15 players a side; the latter
is the main professional game with 13 players a side. The tax case
Jarrold v Boustead [1964] held that a player was not liable to pay
employment tax on a signing-on fee when joining a Rugby League side
from Rugby Union. The payment was compensation for giving up his
amateur Rugby Union status which then barred him for life from Union.
The inspectors’ manual at EIM00710 states that this precedent is
unlikely to be followed now as a result of changes in the status of
Rugby Union players.
The extent to which a rugby club is a mutual trade is discussed in
the Inspectors’ Manual at BIM24365.
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rule of 72 Rule of thumb for calculating the number of years over which
compound interest will cause a figure to double.
You simply divide 72 by the interest rate. The answer is the number
of years it will take that rate for the money to double. So, for an interest
rate of 6%, the principal will double in 12 years.
Although this is an approximation, it is remarkably accurate. After
12 years at 6% compound interest a sum will have grown to 2.012 times
its original amount.
rule of court (1) Order made on a motion in court (usually open court), or to a rule
that generally applies in court.
(2) A submission to arbitration or the award of an arbitrator when it is
made under Arbitration Act 1950.
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rule of law Doctrine that the affairs of society are regulated by everyone being
equally bounds by law.
rule of thumb Simple rule which usually gives the right answer, provided its
limitations are appreciated. The expression comes from the ancient use
of a thumb as a measure of one inch.
In business, examples include:
• rule of 72
• Pareto principle.
Rules of Court In relation to any court means rules made by the authority having
power to make rules or orders regulating the practice and procedure of
that court, and in Scotland includes Acts of Adjournal and Acts of
Sederunt; and the power of the authority to make rules of court (as
above defined) includes power to make such rules for the purpose of
any Act which directs or authorises anything to be done by rules of
court” (Interpretation Act 1978 Sch 1).
run on the bank When a bank is deluged with customers seeking to withdraw funds.
This is usually caused by a panic induced by fears that the bank has
insufficient bank reserves to cover deposits. Customs withdraw the
money while there still is some and before the bank becomes insolvent.
running account credit Another name for revolving credit. It allows people to borrow more
money while repaying previous borrowings, provided a limit of
borrowing is not exceeded. Credit cards operate on this basis.
running costs Cost of using an asset (particularly a car) as opposed to the costs of
owning it.
running costs The cost of using an asset rather than of owing it. This term is of
particular application to cars where it applies to petrol, tyres, repairs,
servicing and parking. Other costs, such as road tax, MOT, insurance,
cost of capital and depreciation, are classified as standing charges.
running tank Tank on a vehicle that stores fuel used to propel the vehicle, as against
an auxiliary tank or belly tank that stores fuel to operate separate
machinery. Fuel in the running tank must be duty-paid (Customs notice
75).
running yield An estimate of the annual rate of interest paid out by fixed income
investments like corporate bonds and gilts. It doesn't take into account
any increases or decreases in the capital value of the investment.
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rural fuel duty Proposed reduced rate of road fuel duty for rural areas. It was
mentioned in June 2010 Red book at para 2.101.
ryal Gold coin worth 10 shillings minted between 1464 and 1470, and gold
coin worth 15 shillings minted in reigns of Mary and Edward I.
S
S Shaw, Scottish law reports of Session Cases, published between 1821
and 1838.
SA (1) Self-assessment
(2) Abbreviation used in Income and Corporation Taxes Act 1988
s444AJ(5) to mean “surplus arising” in relation to life assurance
business.
sabbatical Period of leave, usually paid, to allow a person to study or rest. These
are common in education and the church.
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sack Dismissal from employment. The term comes from the old practice of
giving the worker a sack in which to remove his belongings.
safe A secure repository for storing cash, documents and other valuable
items. They are also known as coffers and strongboxes. A safe can be
as large as a room, though such safes are more commonly known as
strong rooms or vaults. A safe may be disguised as a concealment
device.
The term has a specific meaning for spirits duty, as set out in
Customs notice 39.
safety need Second level under Maslow’s hierarchy. The security a person needs to
feel to be able to address social needs.
safety net Net placed below acrobats to prevent injury if they have an accident.
In finance, the term is used to mean any similar provision designed
to minimise the consequences of an adverse situation.
SAIL address Single alternative inspection location. This term is used by Companies
House when a business holds its records for inspection at an address
other than its registered office.
sailaway boat A vessel supplied VAT free in the UK, which is to be exported under its
own power to a destination outside the VAT territory of the EU.
Saladin tithe A levy of one tenth of rents charged in 1188 to pay to recover
Jerusalem. This was the first taxation to include a specific provision
against fraud.
salami cuts When an asset is reduced by many series of small slices being removed.
Salami is a seasoned Italian sausage which is traditionally sliced thinly.
salaried hours One of the four bases for determining whether national minimum
wage (NMW) regulations have been followed. A worker is on salaried
hours if paid so much per week, month or year, rather than per hour.
The requirement under NMW rules is that the employee is paid the
NMW for the contracted hours during each pay reference period.
The procedure is similar to that for time work, except that the
NMW must generally be paid for absences (such as holidays and
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sale and leaseback Arrangement where an organisation sells an asset and then leases it
back from the buyer.
The arrangement is most commonly used when the organisation has
valuable assets but needs a lump sum of cash.
sale and repurchase A form of trading where the seller agrees to buy back the goods on
certain conditions. Such trading methods are common in specific trades
such as book selling.
The accounting treatment is explained in Application Note B to
FRS 5. Basically this requires the repurchase terms to be considered to
determine whether the stock should be regarded as belonging to the
seller.
sale by retail Term used in Licensing Act 2003 s192 to mean (broadly) a sale of
alcohol for consumption on the premises.
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sale consideration This term is given a specific meaning in Taxation of Chargeable Gains
Act 1992 s145 in relation to capital gains tax indexation on options.
sale of work Sale of items made for the purpose, particularly by members of a
church or other fund-raising body.
sale or return (SOR) Method of trading where a customer takes goods on the basis that they
are either returned or bought.
sale price Price asked for goods which is below the normal price.
sales Term in profit and loss account which indicates income from trading
activities.
sales analysis Management accounting exercise to determine how much each product
or service contributes to overall sales.
sales book Record of sales completed, as against the order book which is a record
of sales orders received.
sales budget Budget which determines what sales are required by an organisation.
sales chart Graphic representation of sales from one period to the next.
sales curve Graphic representation of how sales are varying from one period to the
next.
sales force Collective term for all those engaged in selling an organisation’s
products or services.
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sales invoice Document sent to customers recording a sale. Unless the customer has
already paid, the invoice is also a request for payment.
sales journal Book in which sales are recorded. Such a journal is usually restricted to
non-cash sales. Entries from it are later posted to the sales ledger, and
totals from the sales journal are posted to the nominal ledger.
sales ledger Record of how much each of your customers owe you.
sales ledger clerk Junior member of accounts department who is responsible for
maintaining the sales ledger.
sales mix profit variance Different profit margins on products and services within the sales mix.
sales pitch Method used by a salesman to encourage customers to buy the goods or
services being offered.
sales price variance Difference between expected income from sales and actual income.
sales tax A tax which is imposed on the sale of items. VAT is sometimes called a
sales tax, though strictly it is a tax on supplies.
sale work Work undertaken to produce goods for a special sale, often at a low
price.
Salomon v Salomon Court case from 1897 which clearly established that a company has a
separate legal personality from its owners.
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SALR South Australian Law Reports, published from 1866 to 1892, and from
1899 to 1920.
salt For VAT, salt for culinary use is zero-rated as food, “including fine salt,
dendritic salt, and, in retail pack (12.5g or less) — rock and sea salt”.
These forms of salt are standard-rated: “compacted salt (pellets and
tablets), granular salt, rock salt (other than retail packs), soiled salt, salt
for dishwashers and salt of any type for non-food use” (VAT notice
701/14).
salvage Process of recovering some value from an asset which would otherwise
have no value, such as removing parts from a car which has been
scrapped or ship which is stopped from sinking.
salvage Generally zero-rated under Value Added Tax Act 1994 Sch 8 Group 8.
same premises test In tax, a test for eligibility for the annual investment allowance.
Companies are eligible if they are within the same business
classification and operate from the same premises at both the beginning
and end of the chargeable period.
Samurai sword Customs may seize any such sword with a curved blade exceeding
50cm in length unless it is imported for participation in martial arts
events or religious ceremonies (Customs notice 1).
sandwich For VAT, this is zero-rated as food when supplied as a grocery item,
but standard-rated as catering when provided as part of a party or buffet
service (VAT notice 701/14).
sanitary protection For VAT, such products may (from 1 January 2001) be reduced-rated
for VAT under Value Added Tax Act 1994 Sch 7A Group 4. The exact
scope is given in VAT notice 701/18.
Sapir Report Report published in 2003 by a panel of experts chaired by André Sapir.
The report was commissioned by the European Commission to analyse
the Lisbon Strategy in relation to the European economy.
Saturday fund Mutual insurance fund as originally set up in the 1870s. The name
comes from the then current practice of paying workers on a Saturday
from which they contributed to their health insurance. The current tax
treatment is discussed in the Inspectors’ Manual at BIM24685.
Sav Savile’s Reports, law reports of Common Please from 1580 to 1594.
save as you earn (SAYE) Process of putting aside money from earnings for use later. If the
money is used to buy shares in the employer, there are some tax-
advantaged schemes available to the employee.
savings certificate Document showing how much an individual has saved with the
organisation issuing the certificate.
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savings credit One of two elements of the state pension credit. The other is the
guarantee credit (State Pension Credit Act 2002 s3).
savings credit threshold Amount of a pensioner’s income which meets one of the conditions for
receiving the savings credit element of the state pension credit (State
Pension Credit Act 2002 s3).
Savings Gateway Government sponsored savings account for the disadvantaged which
was planned for introduction in July 2010. The details are contained in
Savings Gateway Accounts Act 2009. The June 2010 Budget
announced that they would not be introduced.
savings income Income which arises from savings rather than from earnings or other
sources.
The term has been used from 6 April 1996 for income which was
subject to income tax at 20% rather than the normal basic rate. From 6
April 2008, the basic rate of income tax is 20%, so the distinction has
largely been dropped. The full definition is given in Income Tax Act
2007 s18.
savings plans Package of financial products, that typically have high charges and a
poor return.
savoury snacks For VAT, three types of savoury snack are standard-rated, namely
potato snacks (eg crisps), cereal snacks, and nuts that are roasted and
salted. Other savoury snacks are zero-rated as food. The exact scope is
set out in VAT notice 701/14.
sc Scilicet.
scab Trade union slang for a person who works during a strike.
quantities.
scale charges Set charges for calculating output tax due on road fuel used for private
motoring, if the fuel was bought by a business. The charges are based
on the type of fuel and engine size.
schedular system System of determining income tax and corporation tax according to a
schedule (designated A to F) according to the nature of the income.
The system was abolished in 2005 for income tax, and in 2009 for
corporation tax.
Schedule A Basis for taxing income from land and buildings, such as rent. It was
introduced in 1803 for income tax and in 1965 for corporation tax. It
was abolished in 2005 for income tax but is still used for corporation
tax. For income tax purposes, Schedule A income is now called
property income.
Until 1963, Schedule A included a nominal charge paid by owner-
occupiers for the notional benefit of the rent they received from
themselves. Mortgage interest relief was originally a tax-deductible
expense of this Schedule.
Schedule A was abolished for the tax years 1964/65 to 1969/70
when rent was collected under Schedule D Case VIII.
Schedule B (1) Former basis for taxing income from farming and woodlands.
The schedule was introduced in 1803. In 1963, farming became
subject to Schedule D Case I on the same basis as other trading, and
Schedule B was restricted to the commercial occupation of woodlands.
By the 1980s, the income from Schedule B was less than the
amount lost by its use in tax avoidance schemes. Accordingly Schedule
B was abolished in 1988, since when the commercial occupation of
woodlands is generally tax-free.
(2) Form which must be completed by Methodist treasurers
Schedule C Former basis for taxing investment income from public funds, including
local authorities and foreign states.
Schedule C was introduced in 1803, but abolished in 1996 when
such income was taxed under Schedules D Cases III, IV or V for
income tax and Schedule D Case III for corporation tax. This income is
now known as investment income.
Schedule D Basis for taxing income from trading and similar activities. The
Schedule was introduced in 1803 and used for income tax until 2005. It
is still used for corporation tax.
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Schedule E Former basis for taxing income from employment, usually under
PAYE. It was introduced in 1803 and abolished in 2003, and is now
known as employment income.
Schedule E was divided into three cases:
● case I: UK earnings by UK residents;
● case II: UK earnings by non-residents;
● case III: overseas earnings by UK residents.
Schedule F Former basis for taxing income from share dividends which applied
from 1965 to 2005. Such dividends were charged under the imputation
system.
Scheme administrator The person(s) appointed in accordance with the pension scheme rules to
be responsible for the discharge of the functions conferred or imposed
on the scheme administrator of the pension scheme by and under Part 4
of Finance Act 2004. This person must be resident in an EU member
state or in Norway, Liechtenstein or Iceland (EEA states which are not
EU states). The person must have made the declarations to HMRC
required by section 270(3) Finance Act 2004.
scheme-based pension protection levy
Part of pension protection levy which may be made under Pensions
Act 2004 s75. The other part is the risk-based pension protection
levy.
schilling Old currency of Austria. For VAT, gold investment coin issued by
Austria and listed in VAT notice 701/12A.
School Certificate The main examination taken by students between 1918 and 1951 at the
age of 16. Students who stayed on, usually took the Higher School
Certificate two years later. The School Certificate was replaced by O-
levels.
school company A company which is formed by the governing body of a school under
the provisions of Education Act 1996 s482 (as amended by Education
Act 2002 s65).
Schools Medical Service Body formed in 1907 to monitor and improve the health of school
children.
school surplus Amount that a local authority holds on behalf of a school. On becoming
an academy, it must be transferred to the governing body (Academies
Act 2010 s7).
school trip Visit arranged by a school for its pupils. If this involves an overnight
stay, there are provisions for relieving parents of the cost of such trips
under Education Act 1996 s457 as amended by Education Act 2002
s200.
scientific management View that a precise approach should be taken to issues of work and its
organisation.
scientific research “Any activities in the fields of natural or applied science for the
extension of knowledge” (Income and Corporation Taxes Act 1988
s82B(2)).
scintilla juris Latin: a spark or fragment of a right. This relates to an old property law
that could allow property to revert to a previous owner. This provision
was abolished by Law of Property Amendment Act 1867 s7.
ScLR Scottish Law Reporter, series of law reports from 1865 to 1925.
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Scotch whisky “Whisky which has been distilled and matured in Scotland” (Customs
notice 39).
Scotland Country that forms Great Britain, with England and Wales. The
kingdoms were united in Union with Scotland Act 1706 that remains
law. Common currency is determined by Article XVI. Three Scottish
banks retain the right to issue banknotes. These are promissory notes
that are not legal tender anywhere, however they are accepted at face
value by the Bank of England and are widely accepted in everyday use.
Scotland has a separate legal system from England and Wales. Tax
law is common under laws passed since 1706, though differences in law
can be relevant in legal proceedings and enforcement. The Scottish
Parliament (reinstituted in 1998) has the right to vary the rate of basic
income tax, but has never used this power.
There are differences in the laws regarding land, insolvency,
inheritances, evidence, criminal law, trusts and family law. There are
very few differences in company law, tax law, social security and
consumer law.
There are also many administrative differences. For example,
Scottish universities do not charge university fees to Scottish residents,
reducing student loan repayments.
Scots law The independent system of laws and legal procedures which apply in
Scotland.
Scottish banknotes Currency notes issued by Bank of Scotland, Clydesdale Bank and Royal
Bank of Scotland (RBS). These are issued under Bank Notes (Scotland)
Act 1845, when there were 19 banks issuing their own notes.
These notes are legally promissory notes. They are not legal tender
(which is not part of Scots law) but are accepted at face value by the
Bank of England, and thus by clearing banks and most traders.
Scottish Enterprise Public body of the Scottish government that promotes economic
interests in Scotland. It was formed in 1991 under Enterprise and New
Towns (Scotland) Act 1990.
Scott Report Report published by Sir Richard Scott in 1996 into the export of
defence equipment to Iraq in the 1980s, particularly by Matrix
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Churchill. The report was highly critical of the government and its
departments, noting, for example that Customs could not even find out
what the Ministry of Defence’s export policy was.
Scottish Departments Government departments which dealt with certain functions for
Scotland. These were transferred to the Secretary of State for Scotland
under Reorganisation of Offices (Scotland) Act 1939 s1. Some have
been further devolved to the Scottish Parliament.
Scottish shilling Particular design of shilling minted from 1937, but legal tender
throughout the UK.
Scottish term dates Four dates that correspond to the English quarter days. From 13 June
1991, these dates are 28th of February, May, August and September.
The old Scottish term days were Candlemas (2 February), Whitsunday
(15 May), Lammas (1 August) and Martinmas (11 November).
scrap Material left over from manufacturing activities, but which still has a
value. A common example is metal left over from machining. It can be
sold to a scrap metal dealer who melts it down for re-use.
In accounting, care must always be taken to ensure that scrap sales
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scrap value The value of an asset in terms of using it for the material it contains
rather than as an asset. Almost always, the scrap value is much less than
the asset value.
screen scraping Process which allows one website to access data from other websites,
such as in account aggregation.
scrip dividend Dividend payable in the form of new shares rather than in cash.
scrutineer Person who scrutinises, particularly of a trade union ballot under Trade
Union and Labour Relations (Consolidation) Act 1992 s226B.
sculptor An artist, sculptor, composer or other creator of art may average profits
over three years under certain conditions (Income Tax (Trading and
Other Income) Act 2005 s221).
scutage A feudal duty levied at various times between 1100 and 1322.
scuttling Deliberate sinking of a ship, usually your own, for such purpose as
preventing it falling into enemy hands or to claim insurance.
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SDL Share and deposit liabilities, an accounting term used for banks and
other financial institutions.
sea “Includes any estuary or arm of the sea” (Prevention of Pollution Act
1971 s29(1)).
sea lawyer Colloquialism for a person who seeks to avoid blame on grounds of
trivial technological grounds. It is an allusion to the practice allegedly
developed by lawyers in the American Navy.
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sealing fee A charge made by some lenders when they release their legal charge
over the deeds.
sealing press Office machine comprising a press with a big lever. It allows a metal
die to make an impression on documents. A smaller version is known as
a library press.
Such presses were traditionally used when a company seal was
required, or to indicate that stamp duty had been paid.
sealing wax Compound which has been used for sealing letters and packages from
the 16th century. It is still available though rarely used other than for
ceremonial purposes. It is necessary for the seal to be covered with oil
before use.
search Examination of a person. For Customs purposes, there are three types of
search specified in Customs and Excise Management Act 1979 s164(5):
intimate search, rub-down search and strip search.
season Part of a year which has a common characteristic. Traditionally the four
seasons are spring, summer, autumn and winter, each of about three
months. In commerce, a season usually refers to a period which has a
common characteristic, such as a summer season or Christmas season
which has a particularly relevant pattern of income.
seasonal adjustment Any amendment made to an accounting figure to reflect the season to
which it relates.
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seasonal business Business whose activities vary from season to season, such as those
businesses which particularly cater for holidays or Christmas.
seasonally adjusted Adjusted to reflect the season to which it relates. Some unemployment
figures are seasonally adjusted.
second adult Adult who lives with a claimant for council tax benefit. A second adult
can increase the amount of benefit.
The second adult must be at least 18, count as an adult for council
tax purposes, and not be someone who is jointly liable for council tax.
second adult rebate Addition to council tax benefit that allows a claimant to claim an
additional sum for a second adult who is not liable for council tax and
does not pay rent to the claimant.
secondary action Action taken by a trade union in support of a dispute in which it is not
directly involved. This is generally unlawful under Trade Union and
Labour Relations (Consolidation) Act 1992 s224.
secondary contributor Person who is liable to pay the secondary rate of class 1 national
insurance (Social Security Contributions and Benefits Act 1992 s7).
For employment, this is the employer. In other cases, the secondary
contributor is identified by the Act or regulations.
secondary home A home which is either owned or rented; and is used only occasionally.
For Customs purposes, a definition is given in Customs notice 3.
secondary industry Industry which uses prime materials (produced by a primary industry)
to produce manufactured items. Examples of secondary industry
include tiles or flour.
secondary lease period Period of a lease when only nominal payments are paid for the use of
goods.
secondary market Private transaction between two parties involving a trade in shares or
similar securities, as against a trade on a primary market such as a
recognised stock exchange.
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secondary threshold (ST) Threshold at which an employer becomes liable to pay class 1 national
insurance in respect of a particular employee. For the years 2001/02 to
2010/11, the threshold was the same as for employees and were
therefore known as the earnings threshold.
second half The last six months of a particular year. The second half of a calendar
year is from 1 July to 31 December.
second hand Description of an item which has already been used by someone else.
second home allowance Allowance provided to a person towards the cost of a second home
which is required by their work. Such an allowance is paid to Members
of Parliament. In May 2009, there was a scandal about how some
members exploited this allowance for their personal benefit.
second land tax A tax charged in 1405 at a rate of £1 on each £20 worth of land.
second mortgage Further mortgage granted on a property which is already subject to one
mortgage.
Second Pension Scheme System of additional pension proposed by the Conservative party in
1974 as a replacement for graduated pension but never implemented
as they lost both general elections.
Eventually, the Labour government introduced SERPS in 1978
with all-party support.
second purchase price Term used in relation to the alternative finance arrangement known as
purchase and resale arrangements (Taxation of Chargeable Gains
Act 1992 s151J).
second quarter The second three-month period in a particular year. The second quarter
of a calendar year is the period from 1 April to 30 June.
seconds (1) In retailing, goods which are not of normal saleable quality but are
still good enough to be sold, usually at a lower price.
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(2) In gambling, cheating by dealing the second card instead of the top
card.
second unique tax A tax of 1411 which repeated the unique tax of 1404.
secrecy Withholding information for its own sake, which is neither privacy nor
confidentiality.
secret Concealed or hidden from general view. The term refers to something
which is deliberately concealed. Confidentiality and privacy are forms
of secrecy for which there are particular legal provisions.
secret reserves Reserves which are concealed so as not to be evident from a balance
sheet. A distinction is usually drawn between secret reserves and hidden
reserves, where the latter are shown on the balance sheet but may not be
obvious.
secretary (1) Clerical assistant who deals with the day-to-day business or another
person, usually a senior person.
(2) Chief administrative officer, particularly of a non-profit-making
body.
secret trust Trust created by a testator who leaves property to someone in a will for
to hold for the benefit of another who is not identified in the will. A
secret trust is legal.
section 30 disposal Term used in Taxation of Chargeable Gains Act 1992 in relation to a
disposal of shares where value shifting has taken place.
section 32 policy Another name for a buyout policy used to transfer a pension
entitlement.
section 35 losses Term used in Income and Corporation Taxes Act 1988 s444AEB(4) to
mean “... losses computed in accordance with life assurance trade
profits provisions”. The reference is to Corporation Tax Act 2009 s35.
Before 2009, these were known as Case I losses.
section 35 profits Term used in Income and Corporation Taxes Act 1988 s444AEB(4) to
mean “profits... computed in accordance with life assurance trade
profits provisions”. The reference is to Corporation Tax Act 2009 s35.
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section 37 application Application to vary a local authority licence regarding the premises
supervisor (Licensing Act 2003 s37).
section 42(7) claim Claim made in accordance with Taxes Management Act 1970 s42(7).
This section lists provisions in other Acts under which a claim may be
made for tax relief.
section 62 earnings Earnings that come within the scope of Income Tax (Earnings and
Pensions) Act 2003 s62.
The expression is used in s287 of the same Act.
section 104 holding Holding of shares under the terms of Taxation of Capital Gains Act
1992 s104. This regards shares of the same class in the same company
as being treated as a single asset.
section 106 money Amounts paid under Town and Country Planning Act s106 as a
condition of receiving planning permission. The funds must be to
address a matter without which the permission could not be granted,
such as improved transport facility.
section 131 rights Inheritance rights of a civil partner and their children, as conferred by
Civil Partnership Act 2004 s131. These rights are generally identical to
those of a husband or wife. In Scotland, these rights also apply to
legitim.
section 338 expenses Travelling expenses that may be paid to an employee tax-free under
Income Tax (Earnings and Pensions) Act 2003 s338.
sectioning Informal term when a person is committed to care under Mental Health
Act 1983.
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secured Description of a loan subject to a condition that the lender may take
ownership of an asset if the borrower defaults on payment. A mortgage
is a secure loan.
secured debt Debt, non-payment of which allows the creditor to take the debtor’s
property.
secured loan Loan made on the basis that certain goods may be seized by the lender
if not paid. A mortgage is a secured loan on a home.
securities Another name for stocks and shares but also applies to any approved or
registered financial instrument, such as bonds.
For company law, the term is defined in Companies Act 2006 s783.
security (For VAT) VAT law allows HM Revenue & Customs to require the provision of an
amount of security where it is considered that a business represents a
risk to the collection of VAT.
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security deposit Amount paid by one party to a transaction to indicate the seriousness
which that party attaches to the transaction. Should the transaction not
proceed, the security deposit is forfeited to the other party.
security threat For tax, the provision of accommodation is not a taxable benefit if
provided to protect an employee from a security threat (Income Tax
(Earnings and Pensions) Act 2003 s100).
The threat must be to the employee rather than to property.
security Provisions taken to reduce risks, and which can therefore lead to a
reduction in insurance premium.
SED (1) Single European Declaration, the EU form used to declare imported
goods to Customs.
(2) Seafarer’s earnings deduction.
seed For VAT purposes, seeds are zero-rated if used to grow plants for
human or animal consumption. Seeds for other purposes, such as flower
seeds, are standard-rated.
seed corn Another term for seed money. The analogy is to grain which a farmer
does not sell but keeps to produce future harvests.
see through Description of a tax provision that looks beyond the structure of a
transaction or relationship in determining tax liability.
An example is a bare trust¸ where the beneficiary is taxed on the
trust income. Another example is a controlled foreign company that
does not meet the conditions for avoiding UK tax. Such tax avoidance
cases as Furniss v Dawson introduce see through provisions.
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segmental reporting Reporting revenue, profit, cash flow assets , liabilities for each
geographical and business segment within a business, identifying
segments by the way the organisation is managed.
segmentation (1) In investment, the option to take a proportion of the investment and
leave the rest invested, such as taking 10% of a pension and leaving the
other 90% invested.
(2) The process of dividing a market into groups that display similar
behaviour and characteristics.
seisina facit stipitem Latin: seisin makes the stock of descent. This is an obsolete rule
relating to the inheritance of property.
seizable property Property that may be seized under Proceeds of Criminal Justice and
Police Act 2001. The term is used in sections 50 and 51.
seize The term includes “copy” in Criminal Justice and Police Act 2001 s63.
seized money Money that is claimed under Proceeds of Crime Act 2002 s67.
Sel Cas t King Selected Chancery Cases, series of law reports for the period 1724 to
1733.
for a man, 60p for a woman or boy, and 40p for a girl.
self administered scheme Occupational pensions scheme where the assets are invested and
managed by the trustees or an in-house investment manager.
self-assessment Requirement for a taxpayer to calculate the amount of tax due when
submitting a personal return. Alternatively, the taxpayer may submit
the return earlier to allow HMRC to calculate the tax. The general
requirement is contained in Taxes Management Act 1970 s9.
self-balancing ledger Ledger where both individual transactions are recorded and where the
total of those transactions are also recorded. The two sets of totals
should always agree. Even in manuscript accounting, this procedure
should not be necessary.
self-billing Where a customer makes out tax invoices for his or her VAT registered
supplier and sends a copy to the supplier, usually with the payment.
self-contained unit For council tax, a building or part of a building that has been
constructed or adapated for separate living accommodation. It can
include a caravan or boat.
The unit should usually contain provisions for sleeping, cooking
and washing.
self-employed contributions
National insurance contributions made by self-employed people. In
practice these are class 2 and class 4.
self-employed earner For national insurance, “means a person who is gainfully employed in
Great Britain otherwise than in employed earner’s employment
(whether or not he is also employed in such employment)” (Social
Security Contributions and Benefits Act 1992 s2(1)(b)).
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self insured scheme A program financed entirely by the employer for insuring employees
instead of purchasing coverage from an insurance company.
self-liquidating loan Short-term loan secured against something that will raise the funds to
pay back the loan, such as on growing crops.
self-select PEP A general PEP where you can choose which funds you'd like to invest
in.
self-service Shop where customers select the goods they wish to purchase and take
them to a counter for payment. Such shops started to emerge in the
1940s and became the standard method for most retailers during the
1960s.
self-supply Where the use of goods or services in a business, which the business
itself has made or acquired. Normally, no VAT is due as a taxable
supply has not been made. Under certain conditions, however, VAT on
self-supplies must be accounted for.
semble It appears. The term is used in law reports to indicate what appears to
be a legal argument, though there is still some doubt.
semi-variable cost Cost which has elements of both fixed cost and variable cost.
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senior capital Capital which takes the form of secured loans to a company. It is repaid
before junior capital, such as share capital, if the company is liquidated.
senior executive Director or other person who holds a high position in an organisation.
senior holder of a share Person who has the right to vote in respect of a jointly owned share
(Companies Act 2006 s286(2)).
The senior holder is the person whose name appears first on the
share certificate.
senior manager Person in an organisation who holds a managerial position below that of
a director (or equivalent) but above junior managers.
senior statutory auditor The individual in an accounting firm who is so identified under either
an EU standard or statutory guidelines (Companies Act 2006 s504(1)).
The senior statutory auditor must sign the audit report for all audits
conducted by his firm.
SEN obligations Obligations imposed on schools by Education Act 1996 Part 4 Chapter
1 in relation to special educational needs.
sensitive personal data Data about a person which is regarded as too personal to be required
automatically but which an individual may be prepared to divulge in
certain circumstances.
Such data include a person’s racial origin, disability, sexual
orientation, criminal record, religion and political view.
sensitivity analysis Analysis of the relationship between causes and effects. Such analysis
usually considers small changes, such as a small variation in price or
small variation in sales volume, and considers how this will impact on
the business.
sent for trial “Means, in relation to England and Wales, sent by a magistrates’ court
to the Crown Court for trial pursuant to section 51 or 51A of the Crime
and Disorder Act 1998” (Interpretation Act 1978 Sch 1).
sentence Punishment imposed by a court for breach of criminal law. Courts Act
1971 s57 states that the term includes hospital orders and
recommendations for deportation.
separate maintenance Maintenance paid by a former partner to the other, on condition that
they live apart.
separable net assets Assets which can be separated from other fixed assets of a business and
sold separately.
separate use Words used in Value Added Tax Act 1994 Sch 8 Group 6 Item 2 Note
(c) in relation to the zero-rating for approved alterations to a protected
building.
The meaning of these words were considered by the Upper Tax
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separation of legal title When the financial recognition does not follow the legal recognition.
This follows from the accounting concept of substance over form.
Common examples include fixed assets acquired under a finance
lease, and goods bought or sold with reservation of title. The issue is
discussed in FRS 5 para 48.
separation order The equivalent of divorce in a civil partnership (Civil Partnership Act
2004 s179).
sequestration (1) Process of seizing the bank account or similar assets of a body under
a court order
(2) In Scotland, procedure similar to bankruptcy.
serious loss of capital When the net assets of a company are worth half or less the value of its
called-up share capital.
A public company in such a situation must call a general meeting
under Companies Act 2006 s656.
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sertum For VAT, gold investment coin issued by Bhutan and listed in VAT
notice 701/12A.
servants It is still a criminal offence for a master or mistress not to provide food,
clothing or lodging for an apprentice or servant when required to do so
(Offences Against the Person Act 1861 s26). A similar offence appears
in Conspiracy and Protection of Property Act 1875 s6.
service address Address which a director of a company must give for himself in the
register of directors.
The address is either his residential address or the company’s
registered office (Companies Act 2006 s163(5)).
The company must know the residential addresses of all its directors
and notify these to Companies House. However, residential addresses
do not have to be made public. Certain statutory bodies, such as the
police, have the right to know the director’s residential address.
service charge (1) Amount added to a bill to reflect services provided, such as a charge
imposed on a bank account or added to the bill in a restaurant.
(2) Amount paid by tenants for the maintenance of common parts of the
building, such as cleaning, maintenance and repairs.
Service Civilian Court Court other than a court martial which try military offences (Armed
Forces Act 2006 s51). It comprises a single judge from outside the
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military.
service contract Contract between a company and a person who personally undertakes
to provide services to that company.
There are special provisions for directors’ service contracts.
service industry Industry which does not provide tangible goods but offers services for
sale.
service offence Offence committed by military personnel which may be tried by court
martial (Armed Forces Act 2006 s50(2)).
service police Royal Navy Police, Royal Military Police or the Royal Air Force Police
(Armed Forces Act 2006 s375).
set rate An amount laid down by law, particularly for such payments as
statutory maternity pay (SMP) or statutory sick pay.
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A woman receives SMP at the set rate except for the first six weeks,
when she receives 90% of average earnings provided this is greater
than the set rate.
setting For capital allowances, a distinction is made between plant and its
setting. The latter does not attract a capital allowance unless the setting
itself comes within the definition.
settle (1) Place a property in a trust. The property is placed by a settlor where
trustees deal with it for the benefit of beneficiaries.
(2) Pay a debt or otherwise conclude a matter.
settled account An account where both the accountable party and the person to whom
he is accountable have agreed terms which they both accept as correct.
A settled account must be in writing and signed by both parties.
Settled account is a good defence against to an action for account unless
it can be shown that there was error or fraud.
settled land Land that is limited by way of succession (Settled Land Act 1925).
An example is where land is left to A for the rest of his life, and
then to B.
settlement (1) Financial arrangement where one party, the settlor, provides money
or other assets for use by a beneficiary (which may include the settlor).
All trusts are settlements, but “settlement” is wider and also
includes such arrangements as a joint bank account.
There is no definition for tax purposes, except one for the limited
purpose of tax avoidance. This defines a settlement as “any disposition,
trust, covenant, agreement, arrangement or transfer of assets” (Income
Tax (Trading and Other Income) Act 2005 s620(1)).
(2) Payment of an account, or otherwise clearing the balance.
(3) The form of an agreement once negotiations have successfully been
agreed.
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settlement costs The cost arising when a lump-sum payment is made to a pension
scheme member in exchange for their rights to receive certain pension
benefits.
settlement date Date on which payment must be made, particularly for securities.
settlement day (1) Day on which a purchaser of a security must pay for it.
(2) In the USA, the day on which securities become the property of the
purchaser.
settlement terms The period which a seller allows a buyer to pay for the goods or
services supplied.
This is usually expressed as a time, such as 30 days or 60 days.
There are other possible settlement terms such as net monthly account.
settlor Person who provides property in a trust and creates the trust.
For capital gains tax, the term means “the person, or any of the
persons, who has made, or is treated for the purposes of this Act as
having made, the settlement” (Taxation of Chargeable Gains Act 1992
s68A(1). The section goes on to define settled property.
settlor-interested Description of a trust where the settlor retains a benefit. In such cases,
the trust income is usually taxed as being the settlor’s.
For capital gains tax, the trust is taxed from 2008/09. This can
create a problem in that the settlor cannot offset his own capital gains
against trust losses, and vice versa.
seven-day money Investment or deposit which matures or may be accessed in seven days.
seventh directive Term commonly refers to the EC seventh directive on company law
issued in 1983 relating to consolidated accounts. It was given effect in
UK by Companies Act 1989.
more than one person on one side of the transaction. The expression
means that the other party may claim from the people collectively or
any one of the people that he chooses.
severe disfigurement This can amount to a disability (Disability Discrimination Act 1995 Sch
1 para 3).
severe reprimand Formal rebuke, particularly when given by a professional body for
misconduct by a member. In this context, it is more severe than a
reprimand or admonition.
sex discrimination Treating a person less favourably because of their sex, marital status or
pregnancy.
This is generally outlawed under Sex Discrimination Act 1975.
Note that this does not apply to pay which is governed by Equal Pay
Act 1970. This only allows a woman to claim equality with a man, it
does not allow a man to claim equal pay to a woman, though such a
claim has now succeeded under the 1975 Act.
[Neither body seems to have realised or cared that these letters also
stand for Sweet Fanny Adams or Sweet F*** All, both of which mean
no money when some was expected.]
shadow ACT Unrelieved advance corporation tax (ACT) from 6 April 1999.
ACT was a prepayment of corporation tax. It was charged every
time that a company paid a dividend. The company could deduct ACT
paid from its main payment of corporation tax to a limit. Unrelieved
ACT was carried forward.
Although ACT was abolished from 6 April 1999, unrelieved ACT
may continue to be offset against payments of corporation tax under
rules similar to those that previously applied.
shadow banking system Collective term for financial institutions that are not banks but help
provide funding for businesses. They can include unit trusts and other
forms of collective investment, insurance companies, investment banks,
pension funds and trusts. The system grew significantly from 2000.
As these institutions are not banks, they are not subject to the same
financial regulation as banks. This was regarded as one of the factors
which led to the financial crisis of 2007-2009.
shadow cabinet Group of politicians from the opposition party comprising its leading
spokesmen, copying the Cabinet of the ruling party.
shadow director Person who acts as a director of a company even though he does not
officially hold that position. Such a person usually has all the duties and
liabilities of a director.
The statutory definition is “a person in accordance with whose
directions or instructions the directors of the company are accustomed
to act” (Companies Act 2006 s251(1)).
Someone is not a shadow director just because he provides advice
in a professional capacity (ibid s251(2)).
For VAT purposes, input tax may not be claimed for a sham
transaction. It is not necessary for HMRC to show that there is any
fraud. It is sufficient that HMRC provides sufficient evidence to
demonstrate that the transaction is not genuine. Examples include
Plasma Trading Ltd v HMRC [2006] and Senergy (UK) Ltd [2006].
shandy Mixture of beer and lemonade (or other non-alcoholic sparkling drink).
If the shandy’s alcoholic strength is more than 1.2%, it is treated as
an alcoholic drink and is subject to beer duty.
share Part of something. The term is particularly used to mean a part of the
ownership of a company.
In company law, a share “means a share in the company’s share
capital” (Companies Act 2006 s540(1)).
share account Account at a mutual building society where the depositor part-owns the
society.
share at par Share whose current value is the same as its nominal value.
share attachment Tendency of private investors to retain shares for sentimental reasons
when they should be sold.
share capital Name given to the total amount of cash which the shareholders have
contributed to the company.
share coupon Detachable portion of a share warrant by which the bearer may claim
a dividend. The law is contained in Companies Act 2006 ss779-781.
shared car Company car that is used by two or more employees. The tax
implications are set out in Income Tax (Earnings and Pensions) Act
2003 s148.
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share disposal Process by which a person no longer possesses shares. The three main
methods are:
● transfer: the shares are sold or given by the owner to another
party;
● transmission: the shares change ownership on the death of the
shareholder;
● forfeiture: the shares are cancelled, such as for non-payment of a
call.
shared lives Scheme whereby individuals may look after adults, usually by taking
the adult into the individual’s home, similar to fostering of children. It
was previously known as adult placement.
From April 2010, the tax regime for foster carers is extended to
shared lives carers (SL carers).
share exchange Where shares in one company are exchanged for shares in another.
If either company is a transparent entity, the provisions of
Taxation of Chargeable Gains Act 1992 s140H apply.
ShareGift Charity that allows for the equitable disposal of small shareholdings.
Suppose that a holding of £1,000 is now worth just £10. The
holding is impossible to sell as the sum realisable is less than the
dealing cost. Continuing to hold the shares creates the inconvenience
for both the company and shareholder of receiving regular dividends of
a few pence, where the bank charges may be greater than the dividend.
Under ShareGift, registrars waive their usual fee, so that the £10
holding is wholly assigned to the charity. It is aggregated with other
small holdings in the same company to provide a significant income for
charity. This arrangement provides an equitable solution for cleaning up
portfolios to everyone’s advantage.
A donation to ShareGift constitutes a disposal for the purposes of
capital gains tax.
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shareholders' funds Name given to total of share capital and reserves in a company
balance sheet.
shareholders’ funds “The aggregate of called up share capital and all reserves, excluding
minority interests” (FRS 4 para 15).
share loss relief Tax relief for certain loss suffered on qualifying shares, such as
acquired in Enterprise Investment Scheme, which may be offset against
earnings subject to income tax (Income Tax Act 2007 s131) or
corporation tax (Corporation Tax Act 2010 s68).
Capital gains tax implications are set out in Taxation of Chargeable
Gains Act 1992 s125A.
share option Right to buy or sell shares at a future date for a fixed price.
There are two types of share option. The traditional option is
simply buying the right. A traded option is a right which is itself a
saleable security.
Share options are sometimes provided free to directors and senior
managers as an incentive.
A share option is a highly-geared form of investment. Suppose a
person pays 20p for an option to buy a share for £2 in a year’s time. If
the share is then worth £1.99, the option is worth zero as it is cheaper to
buy the shares on the open market. If the share is then worth £2.40, the
investor makes an immediate profit of 40p per share, which is a return
of 200%.
National insurance provision is given in Social Security
Contributions (Share Options) Act 2001.
share pooling For capital gains tax, the rules that determine the acquisition cost for
shares and other securities acquired at different times.
The rules are given in Taxation of Chargeable Gains Act 1992 from
s104.
share premium Amount paid by a shareholder to buy a share above its nominal value.
share premium account Amount by which a company issues shares at a premium. There are
various provisions in company law from Companies Act 2006 s610
onwards that relate to such accounts and restrict their use.
share quoted ex dividend Share whose price does not include the right to the next dividend.
share split When one share is divided into several shares of smaller value to make
trading in them easier.
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shares requirement Conditions which must be met by the shares to obtain tax relief for their
acquisition under a scheme, particularly the requirements for EIS relief
under Income Tax Act 2007 s173.
shares with limited rights Certain corporation tax implications on distributions are discussed in
Corporation Tax Act 2010 s170.
share value Value of a share of a company. Most shares have a nominal value. This
is the amount for which they were originally sold.....
shareware Computer software which may be used free of charge for a trial period,
after which a registration fee must be paid to be allowed to continue
using it.
share warrant Rare form of share certificate where ownership is vested in whoever
possesses the document. The relevant law is Companies Act 2006 s779.
Payment may be made by presenting a share coupon attached to the
warrant.
Sharkey v Wernher Leading tax case from the House of Lords in 1955 which held that
where goods are removed from a trade for the taxpayer’s personal use,
the value of the goods must be their retail price and not the cost price at
which the goods will usually be recorded in the accounts. This usually
means that a profit margin must be added to the value for tax purposes.
The original case concerned a stud farm where five horses were
removed to racing stables. Their value considerably exceeded the cost
of breeding them. The matter is discussed in the Inspectors’ Manual at
BIM33630.
This rule is now contained in Income Tax (Trading and Other
Income) Act 2005 ss172A-172F, and, for companies, in Corporation
Tax Act 2009 Chapter 10 Part 3.
shark hunter Term coined by the Department of Trade and Industry in 2005 to
describe officers who seek to catch loan sharks.
shearing Term used in inheritance tax when a person makes a disposition of less
than the whole property, such as when a right over land is granted but
the ownership is retained. The principle was established in the Munro
case.
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Shed identity A 3-letter code that provides a unique identity for a transit shed located
at a Cargo Community System (CCS-UK) airport.
shelf registration American term for a registration of a company with the Securities
Exchange Commission before shares in the company are offered to the
public. A shelf registration is valid for two years.
shelfware Business jargon for computer software that is bought but not used.
shellfish For VAT, shellfish are only zero-rated if for food. VAT notice 701/15
defines this as “oysters, mussels, whelks etc”.
shipbuilding This activity is excluded from eligibility for venture capital trust under
Income Tax Act 2007 s307A.
This section defines shipbuilding as set out in EU Framework to
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SHIP code of practice Code for businesses which offer various equity release schemes.
ship leasing Activity which excludes a company from the scope of EIS relief. It is
defined for this purpose in Income Tax Act 2007 s194.
ship money Tax that Charles I tried to levy from 1634 without parliamentary
consent.
short-dated gilts Government security which is payable within five years. They are also
known as shorts.
short lease Lease which lasts for a short period, typically up to three years.
In tax law, a term that applies to a funding lease where the term is
either:
● less than five years; or
● between five and seven years and the lease meets three
further conditions.
These conditions are that:
● the lease is treated as a finance lease in the books of the
lessor;
● the residual value of the finance lease is less than 5% of the
market value of the plant at the start of the lease term: and
● total rentals in the first year are no lower than 90% of the
rentals in the second year. and rentals in any year after the second year
are no greater than 110% of those in the second year.
The third of these conditions is to exclude leases where a large
payment is made on the first day for tax avoidance purposes.
short life asset For capital allowance purposes, an asset which is plant and machinery
but which is not a long life asset.
short order Court order giving a person limited powers to deal with the affairs of a
person who lacks mental incapacity.
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short position Situation where an investor sells short, that is he sells he does not yet
own in the hope that he will be able to buy them more cheaply later.
short-range forecast Statement of what a person expects to happen in the immediate future,
typically a few months.
short return In tax, four-page tax return that may be used under the self-assessment
system for straightforward cases. The form is issued at the discretion of
HMRC. A taxpayer who is asked to complete a short return may
complete the normal return, and should do so if his or her tax affairs
cannot be adequately disclosed on the short return.
short rotation coppice Method of producing renewable fuel. It involves dense planting willow
or poplar which are cut back to ground level each year. From 29
November 1994, this is taxed as farming and not as commercial
ownership of woodlands.
short selling Selling a security which a person does not own in the expectation of
being able to buy it later at a lower price. Such a person is known as a
bear.
The Financial Services Authority has powers to prohibit short
selling under Financial Services and Markets Act 2000 s131B. The term
is defined in s131C(2).
short skirt The VAT and economic implications are explained under mini-skirt.
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short-term assurance Life assurance policy where any pay-out is likely to be made soon after
the policy was issued. The term is used in Income and Corporation
Taxes Act 1988 Sch 15 para 10 which disallows from tax relief such a
policy issued by a friendly society with a life of less than one year.
short-term benefit Contributory social security benefit payable for a short period.
These are defined in Social Security Contributions and Benefits Act
1992 s20(2) as:
(b) short-term incapacity benefit; and
(c) maternity allowance.
Item (a) was jobseeker's allowance but was removed from the list
by Jobseekers Act 1995 Sch 3.
Item (b) is repealed by Welfare Reform Act 2007 s67 from a date to
be announced.
short-term capital Capital which a business acquires for less than 12 months to fund its
business activities.
short-term creditor Person to whom money is owed that is due for payment in the next 12
months.
short-term debtor Person who owes money that is due for payments in the next 12
months.
short-term employment Employment for a period of three months or less (Trade Union and
Labour Relations (Consolidation) Act 1992 s282). Such an employee
does not have protection against redundancy.
short-term finance Money lent to a business for a short period of time, usually repayable
on demand and also repayable at the choice of the business if surplus to
requirements.
short-term security Any form of security which matures within five years.
short ton American measure of weight equal to 2,000 pounds. The British ton is
2,240 pounds. The metric tonne is about 2,204 pounds.
The British ton is therefore 12% heavier; the US ton is 11.72%
lighter. The short ton equals 907.185 kilograms.
shoulder surfing Practice of looking over someone’s shoulder while they are using a
chip and pin card to find out their PIN number.
showroom tax Term coined in 2008 for the increased vehicle excise duty payable for
the first year for new large cars with high carbon dioxide emissions.
sick club Scheme run by many doctors in general practice from around 1858 to
1948. Members paid a subscription, originally sixpence a week, to
cover the cost of any medical treatment.
sickness and accident Description of an insurance policy which pays a benefit to a beneficiary
who is unable to work through sickness or accident. Normally pays out
for a set period, i.e. one or two years.
sickness benefit Social security benefit payable to those who are sick and not eligible for
statutory sick pay. It was introduced on 5 July 1948 in its present form
at a rate of £1 6s (£1.30) a week for a man.
Before 5 October 1986 there were half and three-quarters rates for
claimants with insufficient national insurance to claim the full rate.
sickness payment For national insurance, “any payment made in respect of absence from
work due to incapacity for work” (Social Security Contributions and
Benefits Act 1992 s4(3)).
sideways loss relief When a loss from one trading activity may be offset against the profits
of another trading activity in the same accounting period. It should be
noted that this relief cannot be carried forward or back to other periods.
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signature Stylised form of a person writing his or her name to indicate that that
person authorises the document. It is not a requirement that the
signature be legible, though legible signatures are often seen as more
difficult to forge.
It is a requirement that a tax return on paper must be hand signed by
the taxpayer (Taxes Management Act 1970 8(2)).
Where a taxpayer cannot act for his or her own benefit, an attorney
may sign the forms under statement of practice A13 of 18 June 1979.
An attorney may also claim tax on building society interest for
taxpayers unable to act for themselves (Tax Bulletin TB04/96-5 of 22
April 1996).
For bills of exchange, “where, by this Act, any instrument or
writing is required to be signed by any person, it is not necessary that he
should sign it with his own hand, but it is sufficient if his signature is
written thereon by some other person by or under his authority” (Bills
of Exchange Act 1882 s91).
signet ring Ring worn on the finger which bore an impression identifying the
wearer. This could be pressed into soft sealing wax to indicate that the
document had the authority of the wearer.
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significantly below cost Term used in VAT notice 701/1 in relation to supply of welfare
services.
These are treated as being not a business supply if significantly
below cost, which means for no more than 85% of the cost to the
welfare service provider.
sign-up A term used for the process of signing up for VAT Online Services by
obtaining and using a Government Gateway user ID.
silver ceiling Business jargon for an unofficial limit to promotion for older
employees.
silver coins Silver has been used as a means of exchange from early days. Until
1920, British coins were minted from sterling silver, where 925 parts
are silver and only 75 base metal. In 1920, the ratio was reduced to
500:500. From 1947, “silver coins” are minted from cupro-nickel
except for Maundy money.
silver plate tax Excise duty charged on silver plate between 1756 and 1776.
silver threepence Small silver coin minted between 1547 and 1937 worth three old pence
(1¼p). It was traditionally put in Christmas puddings.
silverware tax Excise duty on the manufacture of silver goods, charged between 1720
and 1758, and again from 1784 to 1790.
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Simon, John English Liberal politician (1873-1954) who was Chancellor of the
Exchequer from 28 May 1937 to 10 May 1940 under the coalition
government of Neville Chamberlain. He subsequently became Lord
Chancellor. As a judge, he edited the early editions of what became
Simon’s Taxes.
simple average cost The average value of a unit of stock, calculated as the average price
paid during the accounting period. This method is usually not used in
preference to First In First Out.
simple contract Contract made other than under seal, but which is a formal contract.
simple interest Where interest is charged on the principal but not on any interest
already applied, as with compound interest.
If simple interest of 10% is charged on capital on £100, the interest
is £10 in year 1, £10 in year 2, and £10 in every subsequent year.
For compound interest, the interest is still £10 in year 1. But in year
2, the balance is now £110, so the interest is £11. In year 3, it is £12.10.
The sum keeps increasing in future years.
simple journal entry Journal entry that involves just one debit entry and one credit.
simple lottery Form of lottery where all the prizes are awarded by chance (Gambling
Act 2005 s14(2)). This covers most forms of raffle and tombola, as well
as the National Lottery.
Simplified Administration
The system most often used to administer group insurance. Designed to
keep administration overheads to a minimum. Normal changes in
membership and benefit need only be advised to the insurer on a
periodic (usually annual) basis.
simplified card Part of the original PAYE scheme where domestic servants could
always be paid on a week 1 basis without using cumulative tax codes.
simplified procedure Any alternative tax procedure that is less involved than the normal
procedure and may be used in simple cases.
The term is particularly used for VAT on installed and assembled
goods supplied to another EU member state, as explained in VAT
notice 725.
There is also a simplified procedure in triangulation which means
that the intermediate supplier need not register in another EU member
state. This is also explained in VAT notice 725.
sine die Latin: without day. Expression used to refer to a case that is adjourned
indefinitely.
single claim Term used for tax credits by a person claiming for themselves alone,
unlike a joint claim.
single collection Service offered by Royal Mail, whereby a single item of mail is
specially collected for an additional charge.
single company In relation to tax provisions for venture capital trusts, this is defined as
a company without qualifying subsidiaries (Income Tax Act 2007
s332).
single company PEP A tax efficient investment where you invest in the shares of only one
company.
single currency Term originally used for the euro, adopted by ten of the then 15 EU
states on 1 January 1999 and subsequently adopted by other countries
thus:
• 1 January 1999: Austria, Belgium, Finland, France, Germany,
Irish Republic, Italy, Luxembourg, Netherlands, Portugal, Spain
• 1 January 2001: Greece
• 1 January 2007: Slovenia
• 1 January 2008: Cyprus, Malta.
single entry bookkeeping Bookkeeping where just one entry is made for each financial
transaction, unlike traditional double-entry bookkeeping.
Single entry bookkeeping usually records everything in a cash book.
There is no law against using single entry bookkeeping, though the lack
of a journal means that it is not possible to produce statutory accounts.
Single Market Term used from 1993 to refer to trading between EU states.
Measures brought into force by the EU on 1 January 2003, creating an
area without internal frontiers in which the free movement of goods,
persons, services and capital is ensured. This required important
changes to the way VAT and some excise duties are charged and
accounted for.
single member company A limited company which has only one member. Such companies are
now legal under UK company law. The register requirements are set out
in Companies Act 2006 s123.
single premium costed A method of cost calculation used for group insurance schemes with a
small number of members (typically less than 20). The overall premium
is based on the costs calculated in detail for each member and based on
age, sex and other factors.
single premium bond Life assurance policy sold as an investment product. Each year up to
5% (cumulative) of the sum deposited may be withdrawn from the bond
without payment on tax.
The whole sum is taxed at the end, usually when the bond holder’s
tax liability has reduced, such as in retirement. There is no capital gains
tax on the profits of such a bond, and most anti-avoidance provisions do
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not apply.
single premium policy Life insurance policy paid for in advance by one single premium rather
than in periodic premiums.
single stakes about In betting, a term for an up and down bet which uses the same stakes
as for a normal bet.
single-tier adviser Financial adviser who advises on the financial products of only one
company and is usually and employee of that company.
single trip insurance Insurance policy arranged for a single journey or one return journey,
such as for a holiday.
sinking fund Fund where money is put aside to meet a future requirement,
particularly repayment of a loan. When the requirement is met, the fund
“sinks”, which means it disappears.
sinking fund method Method of calculating depreciation by providing a sum which increases
each year using compound interest.
sin taxes Colloquial term for sumptuary taxes on products seen as socially
undesirable. An example is excise duties on tobacco and alcohol.
site restoration payment Payment to restore a site which had been used for disposing of waste.
From 6 April 1989 such a payment is tax deductible (Income and
Corporation Taxes Act 1988 s91A(4)).
skattur av nytstlugjaldi Royalty tax in Faroe Islands. It comes within the scope of the
UK/Faroes Double Taxation Convention.
ski travel insurance Travel insurance with additional medical cover for skiing holidays.
skill machine Term used in VAT notice 701/13 for a machine that tests a person’s
skill or knowledge. They are not regarded as gaming machines.
skimming Practice of removing many small amounts of money from funds. This is
usually theft.
skimming pricing Pricing strategy where an organisation sets an initial high price and
then slowly lowers the price to make the product available to a wider
market.
slab basis Basis of calculating tax whereby the whole amount is subject to tax
once a threshold has been reached. Stamp duty and national insurance
are computed on the slab basis. It also applies to other taxes such as the
“all or nothing” income tax provisions on Christmas parties.
The alternative is the slice basis.
slack In finance, spare capacity. The term comes from sailing where a slack
rope can be tightened to get more speed from a sail.
slack period Time when business is light. Normally such periods are expected to be
slack.
slatted flooring area This qualifies as plant and machinery (at the higher rate) in the pig
industry when used in connection with a slurry system (HMRC Brief
03/2010 issued on 23 February 2010).
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SL carer Shared lives carer, an adult who looks after another adult.
sleeping partner Person who is a partner in a business but plays no part in its
management. Such a person has usually provided significant funding
for the business. His share of the profits represents his return on that
funding.
slice basis Basis for calculating tax where progressive rates are applied on each
slice of a figure. Income tax uses the slice basis.
The alternative is the slab basis where the same rate is applied to
the whole amount once a threshold has been reached. Stamp duty land
tax uses the slab basis.
slimming products For VAT, edible products are generally zero-rated as food. Appetite
suppressants are generally standard-rated. The exact scope is set out in
VAT notice 701/14.
slow moving stock Stock that takes longer to sell than expected. For such stock, HMRC
may accept that the net realisable value is less than cost, as discussed
in the Inspectors’ Manual at BIM33145.
sludge dewatering system This qualifies as plant and machinery (at the higher rate) in the pig
industry (HMRC Brief 03/2010 issued on 23 February 2010).
slug Name for a counterfeit blank coin intended for use in machines. Making
and using slugs is a criminal offence.
The term can also be used for a legal foreign coin that has the same
physical properties as the coin for which it is unlawfully used.
slurry storage Place where farmers (and some others) are required to store fertilisers
under The Control of Pollution (Sludge, Slurry and Agricultural Fuel
oil) Regulations 1991. The regulations are tightened up in Nitrate
Vulnerable Zones from 1 January 2009. Slurry storage typically
comprises a tank or pit, with pipes or channels.
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slurry storage systems This qualifies as plant and machinery (at the higher rate) in the pig
industry (HMRC Brief 03/2010 issued on 23 February 2010).
small brewery beer Beer that is produced in quantities of less than 60,000 hectolitres a year
(30,000 hectolitres) before 1 June 2004.
If this and some other conditions are met, it attracts a lower rate of
beer duty (Customs notice 226). This provision was introduced from 1
June 2002.
small business rate relief Scheme introduced from 1 April 2005 to provide relief from business
rates by small businesses in properties with a low rateable value. It
provides relief of up to 50%.
Small Caps For investment, another name for smaller companies, as measured by
their market capitalisation. A typical definition is one which has a
market capitalisation of less than US$500 million.
small change Small amount of money. Literally it means coins of a low value.
small claim Claim in the county court which uses the small claims procedure.
small claims court Misnomer for the county court. There is no separate court for small
claims; there is just a small claims procedure.
small companies rate Term used before 2010 for the lower rate of corporation tax which
applies to businesses which have made a smaller taxable profit. It is
now called the small profits rate.
small company Company which for any year meets at least two of these conditions:
• turnover not more than £6.5 million;
• balance sheet total no more than £3.26 million
• no more than 50 employees.
These limits apply for accounting periods that start after 5 April
2008. Previously the turnover and balance sheet limits were £5.6
million and £2.8 million respectively. They are given in Companies Act
2006 s382(3).
The amounts are set by the EU in euros, which is the amounts are
not round figures.
A small company is relieved from some provisions of company law,
and comes within the scope of some tax reliefs.
small craft For Customs purposes, any sea-going vessel of up to 100 tons.
Hovercraft are also classified as small craft.
Small craft may be given a Customs licence which exempts them
from certain Customs regulations.
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small disposal For capital gains tax, no tax is payable for small disposals in four
circumstances:
• on a capital distribution (Taxation of Chargeable Gains Act
1992 s122(2));
• on a share reorganisation (ibid s116(13));
• a premium on conversion of securities (ibid s133(2)); and
• cash on compulsory acquisition of land (ibid s43(1)(a).
In each case, the amount received is treated as a reduction in
acquisition cost.
The legislation does not define “small”, though the courts have
provided guidance in cases such as O’Rourke v Binks [1992] STC 703.
The courts say that “small” is a question of fact and degree, and
must be considered in the light of the circumstances of each case. The
aim is to avoid paying tax on trivial amounts.
HMRC has published guidance indicating that “small” means up to
£3,000, or up to 5% if greater. A taxpayer may argue that a larger figure
is “small”.
small gift exemption For inheritance tax, a gift of up to £250 a person in one tax year. This is
exemption from inheritance tax (Inheritance Tax Act 1984 s20).
Provided that the limit is not breached for any one person in any
one tax year, the donor may make any number of gifts of this value. So
a man with ten children and grandchildren could give them a total of
£2,500 tax year. If larger donations are made, they may be exempt
under other exemptions, such as the annual exemption.
The exemption is not an allowance. So if a donation of £300 is
made to a person, it is not possible to use this exemption to reduce the
chargeable gift to £50.
small income relief Relief that was available for income tax on small incomes before
unified tax was introduced in 1973.
small pack For beer duty, a container up to 10 litres. For such packs, there are
rules relating to average size rules, as explained in Customs notice
226.
small pool balance In tax, a balance on the PMA pool (written down value of plant and
machinery) which has reduced to less than £1,000. From 1 April 2008,
a business may write off the whole balance in the tax year that the pool
reduces to that size.
small pools allowance In tax, a small balance of written-down plant and machinery which may
be written off in 2008 when the new system of capital allowances is
introduced.
Under the capital allowances scheme before April 2008, plant and
machinery was written down each year, usually by 25% on the reducing
balance method. This meant that plant and machinery never reached a
value of zero until it was disposed of, but stayed in a pool which slowly
shrank (unless new equipment was added). Under the system
introduced from April 2008, a pool of up to £1,000 may be written off
immediately.
small profits rate (SPR) Lower rate of corporation tax payable on taxable profits below
£300,000 a year. Before 2010, this was known as the small companies
rate. The new term is more accurate.
The legislation for the rate is Corporation Tax Act 2010 s3, and for
determining the profits subject to this rate is ibid s18.
small works contract Contract for building work of less than £150,000.
Smeed Report Report published in 1964 into alternative methods of charging for road
use.
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smoke-farthing Church tax imposed between 16th and 19th centuries. Everyone who
owned a property with a chimney was obliged to pay a farthing to the
church or cathedral at Whitsun.
smuggled goods Keeping on premises is offence under Licensing Act 2003 s144.
SNG Syngas.
Snowden, Philip English politician (1864-1837) who was the first Labour party
Chancellor of the Exchequer from 22 January 1924 to 3 November
1924, and again from 7 June 1929 to 5 November 1931 under the
Labour and National governments of Ramsey Macdonald.
He reduced some taxes and tariffs, but did not introduce other
promised socialist measures.
soap duty Excise duty on soap, charged between 1712 and 1853.
Social Fund Part of the social security system, largely designed to address need not
otherwise covered.
Certain maternity expenses, funeral expenses and cold weather
payments may be paid almost as of right. Other payments are
discretionary. Most payments are in the form of repayable loans, though
some grants may be made. Awards are cash-limited by region, so an
otherwise good claim may be refused on the grounds that the fund is
exhausted.
The main legislation is Social Security Contributions and Benefits
Act 1992 s139.
social lending Organisation or group which borrows and lends money in a less formal
way, often by websites such as Zopa. Such bodies usually still need a
consumer credit licence.
social security Arrangements whereby the state makes payments to its citizens in need.
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social security benefits Benefits paid to claimants under social security legislation.
Benefits may conveniently be classified as:
• contributions-related (such as jobseeker's allowance and state
retirement pension) where entitlement depends on sufficient national
insurance having been paid;
• non-contributory (such as anti-avoidance and state pensions
for over-80s) where entitlement depends on meeting certain conditions;
and
• means-tested (such as tax credits and incapacity benefit)
which depends on the claimant having sufficiently low income.
social security functions HMRC functions as set out in Finance Act 1989 s182(2A) in relation to
disclosure of information.
social wage Economic term for the value of publicly-funded facilities provided to
each citizen at no direct cost. These include health services, emergency
services, defence, parks and libraries, police, education, roads and the
suchlike.
soft commodity Commodity which is not “hard”. In practice this means any commodity
which is not a metal, such as grain, pork bellies, cotton, wool and
timber.
soft landing Change in economic policy which does not have adverse consequences,
either because the change is so managed or because provisions are
made to mitigate any adverse consequences.
soft loan Loan given at no interest or at a low rate. Loans to employees are often
soft loans. Such loans can trigger an income tax charge as explained for
beneficial loans.
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software Programs and similar which run computers, as distinct from hardware
which is the tangible equipment on which software runs.
solar shading For capital allowance purposes, is treated as an integral feature, which
means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
soldier’s friend Old term for someone who represents a soldier before an army pension
board.
sold loose Term used by retailers for items which are not pre-packaged but where
the customer selects the quantity, such as fresh fruit and vegetables
which are traditionally sold by weight.
Such items must be capable of ready identification by the check-out
staff, who can weigh the item and enter an appropriate code to
determine the price.
solicitor Lawyers who deal directly with clients and generally instruct barristers
(or advocates in Scotland) to represent them in court. The UK is one of
the few remaining jurisdictions which has this split in the legal
profession.
Solicitors’ work is traditionally divided into contentious and non-
contentious. The former involves litigation; the latter such matters as
preparing wills and conveyancing property.
A solicitor may be admitted or enrolled to have right of audience
in the lower courts. A Solicitor Advocate has right of audience in the
higher courts also.
Solicitors in practice are licensed by the Law Society.
Solicitor Advocate Solicitor who has acquired the same rights of audience in the higher
courts as a barrister.
solid fuel For VAT, solid fuels may be reduced rated under Value Added Tax Act
1994 Sch 7A Group 1 when supplied for domestic use. Further details
are given in VAT notice 701/19.
solus account Term sometimes used to mean accounts of an entity rather than one that
pertains to its client.
There is a restriction in an entity hedging certain foreign exchange
in a solus account, are discussed in the Inspectors’ Manual at
BIM39522.
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solvency statement Statement made by the directors giving their opinion that the company
is solvent.
Such a statement may be required for a reduction in share capital
under Companies Act 2006 s643.
Solvent Yellow 124 Yellow dye used in all EU states to indicate road fuel on which
hydrocarbon oil duty has not been paid.
solvit ad diem Latin: paid on the day. It is a defence to a claim that a bond, bill or
similar was not paid when due.
sorner Old term for a person who lives off another; a sponger. The term comes
from an old Scottish practice whereby a chieftain expected to be
provided with free accommodation when he decided to revel with his
tenants.
sort code Any code which is used to help sort data, particularly the sort code
allocated to bank branches. This appears as three pairs of digits in the
form 12-34-56. Since 1991, the allocation of numbers has been
overseen by the British Bankers Association.
The first pair of digits identifies the bank, starting with 01 for some
National Westminster branches. Scottish banks are given numbers in
the 80s, and Irish banks in the 90s.
source In accounting, where money comes from. The main sources are capital,
sales, borrowings, insurance claims and similar.
and loss account and balance sheet, this statement is factual with no
subjective element of opinion.
source doctrine Tax principle that income is taxed according to its source. The principle
is explained in the Inspectors’ Manual at BIM14065.
source document Document which records details of a financial transaction, from which
the prime books of account are kept. Source documents include
invoices, remittance advices, payment advices, expense claims and
petty cash vouchers.
South Eastern Region For purposes such as national insurance holiday, “means —
(a) the counties of Buckinghamshire, East Sussex, Hampshire, the
Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex, and
(b) the non-metropolitan districts of Bracknell Forest, Brighton and
Hove, Medway, Milton Keynes, Portsmouth, Reading, Slough,
Southampton, West Berkshire, Windsor and Maidenhead [,] and
Wokingham” (National Insurance Contributions Act 2011 ss11(1)).
sovereign (1) Gold coin which remains legal tender for £1, though it has been
replaced in everyday use by notes and other coins since 1914. It is now
used as a bullion coin valued according to the price of gold.
Sovereigns were first minted in 1489, but only those minted since
1838 remain legal tender.
The VAT position is explained under gold coin.
An unsuccessful attempt to use sovereigns for income tax avoidance
was made in Jenkins v Horn [1979].
(2) The office of monarch. The moment a monarch dies, the next in
line succeeds to the throne. Under Interpretation Act 1978 s10,
references to the sovereign mean whoever is the monarch unless the Act
specifically states otherwise.
S & P 500 American share price index produced by Standard & Poor’s reflecting
the value of 500 largest US companies. It was started in 1957. It is the
second most popular US share index after Dow Jones.
S & P Global 100 World share price index produced by Standard & Poor’s taking the
share prices of the 100 largest multi-national companies.
Spain Member state of the European Union. The state includes the Balearic
Islands, but excludes the Canary Islands, Ceuta and Melilla.
sparkling Description of wine which is fizzy, or the process for achieving this.
Provisions about rendering wine sparkling are set out in Alcoholic
Liquor Duties Act 1979 s59.
Cider is sparkling “if, due to the presence of carbon dioxide, the
pressure in the bottle, measured at a temperature of 20 degrees C, is not
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speakeasy Private club that sells illegal liquor, particularly during prohibition in
the USA between 1920 and 1933. They are also known as blind pigs or
blind tigers.
special adviser Person who is personally chosen by a politician to provide advice, and
who becomes a civil servant. The term is fully defined in Constitutional
Reform and Governance Act 2010 s15.
special advisers code Code of conduct for special advisers to politicians (Constitutional
Reform and Governance Act 2010 s8).
special agent Person who has been given authority to act as agent for another person
for one specific transaction.
Special Areas Term used in Special Areas Act 1931 to mitigate the worst of the
economic crisis. The areas were South Wales, Tyneside, West
Cumberland and Scotland. This provided funding for public works.
special auditor’s report In company law, a statement from a company’s auditors that the
company may submit abbreviated accounts (Companies Act 2006
s449). This report must be submitted with the abbreviated accounts.
Special Commissioners Appeal Commissioners (now abolished) who are legally trained to
hear tax appeals. The other type of Commissioners were General
Commissioners. They are both replaced by tribunals from April 2009.
Since March 1995, Special Commissioners’ decisions are made
public. They are usually indicated by a reference such as “SpC 419” or
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similar.
special contribution A capital levy charged between 1947 and 1948 on investment income
over £250 at rates graduated from two to ten shillings in the pound.
special crossing Crossing on a cheque with a place or name of bank indicated. Such a
cheque may only be cashed at that place or bank. Special crossings are
now rare.
“Where a cheque bears across its face an addition of the name of a
banker, either with or without the words ‘not negotiable’” (Bills of
Exchange Act 1882 s76(2)).
special cumulation An imaginary total used in calculating the ten-yearly charge on certain
trusts for inheritance tax purposes. The figure is the total of:
• the total of the settlor’s chargeable transfers in the seven
years before the commencement of the settlement; and
• the amounts on which the exit charge has been imposed in
the previous ten years.
special deposit Large sum of money which may be deposited with the Bank of
England.
special destination Provision under Scots law whereby a person does not inherit properly
jointly held with a former husband and wife who dies (Family Law
(Scotland) Act 2006 s19).
special discount In retail, a discount which is offered to promote a product, such as buy
one get one free, or the cheapest of three items is free. An EPOS
system must have special software to cope with such offers.
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special indorsement When a bill of exchange has been indorsed to a specified person (Bills
of Exchange Act 1882 s34(2)).
special offer Temporary price reduction or similar (such as 3 for the price of 2)
designed to increase sales.
special presentation A service to inform a customer paying in a cheque that the payer's bank
will make the payment. This does not reduce the time taken for the
cheque to clear - this will still take three working days.
special rate pool In tax, the written-down value of long-life assets from April 2008.
In April 2008, the system for capital allowances changed. Before 1
April 2008, most plant and machinery was written down at an annual
rate of 25% a year on the reducing balance method, except for long-life
assets which were written down at 6%. Plant and machinery was
recorded in a pool which did not distinguish between assets, whereas
long-life assets were written down separately.
The system of capital allowances introduced from 1 April 2008,
broadly replaces the 25% and 6% rates with 20% and 10% respectively,
and allows long-life assets to be put into their own pool. This is called
the special rate pool to distinguish it from the pool which is written
down at 20%.
special register body Organisation similar to a trade union set up before 16 September 1974
under Industrial Relations Act 1971. Some transitional provisions apply
under Trade Union and Labour Relations (Consolidation) Act 1992
s117.
special relief Relief introduced from 1 April 2011 to allow an excessive assessment
or determination to be displaced when the normal time limit has
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special resolution In company law, a decision of shareholders which requires at least 75%
of them to vote in favour (Companies Act 2006 s283(1)).
special subsidy In tax, a special charge initially made in 1473 on goods and chattels, but
which could be extended to freehold land. This tax was never properly
collected.
Special Territories Countries or areas that are effectively part of the customs territory of
the EU but not part of the fiscal (excise duty and VAT) territory. Goods
imported from these territories are liable to VAT and excise duty (if
appropriate) unless they are eligible for a relief. These territories are:
the Åland Islands; the Canary Islands; the Channel Islands; French
Guiana; Guadeloupe; Martinique; Mount Athos and Reunion.
Andorra has a union with the EC for goods in chapter 25 to 97 of
the Tariff only.
special trust rates Another term for rate applicable to trusts (RAT).
special verdict Verdict that a person committed a criminal offence but was insane at
the time (Trial of Lunatics Act 1883 s2).
Acquittals on the ground of insanity may be made under Criminal
Procedure (Insanity and Unfitness to Plead) Act 1991 s1. Procedures
are governed by Criminal Procedure (Insanity) Act 1964 s5.
specific bequest Bequest of a specific item of property other than land, made in a will.
An example is leaving a grandfather clock to a named grandson.
specific devise In executorship, a specific piece of land which is left to someone in the
will. Note that the second word is spelled with an S.
specific duty Duty based on a unit quantity (for example litre or kilogram) of the
imported goods.
specific gravity Ratio of weight of liquid to the same quantity of water, which has a
specific gravity of 1000. For example, beer duty was charged for a
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specific gravity between 1016 and 1030 with additional duty for each
degree above.
Before 1 June 1993, the excise duty on beer was calculated
according to its specific gravity. Customs notice 226 explains how
specific gravity, now known as present gravity, may still be used for
this purpose in some circumstances.
specific identification Inventory method where each sale is matched directly to its purchase.
Such a method is only used for large-value items or low-volume sales.
specified steps Provisions that must be made with regard to a historic building, work of
art, scientific collection or similar as a condition of its being a
conditionally exempt transfer for inheritance tax.
The steps must be adequate to ensure the maintenance, repair,
preservation of and public access to the asset (Inheritance Tax Act 1984
s31(4A).
specified supplies Supplies specified by Treasury Order which are not taxable supplies,
but which carry the right to recover input tax incurred in making them.
specified transfer Transfers which, if sufficiently large, mean that an estate must be
reported for inheritance tax purposes and cannot be an excepted estate.
This is one of four limits that must be met for an excepted estate.
For deaths from 6 April 2004, the limit is £150,000. It was
£100,000 from 6 April 2002; £75,000 from 6 April 2000; and £50,000
from 6 April 1996 when the limit was introduced.
A specified transfer is a transfer made in the seven years before
death of cash and quoted shares or securities. If the disposal was made
to the same person at the same time, it also includes an interest in land
and chattels.
specimen charges Criminal charges that represent a large number of offences. If a person
has committed 1,000 similar tax offences, he or she is likely to be
charged only with a few specimen charges.
speculative cost Any cost incurred without knowing whether it will lead to a return. If
the cost does not lead to a return, it is known as an abortive cost.
For VAT, these terms are specifically used to mean the cost of
finding sites for possible building development. A speculative cost is
regarded as a genuine business expense on which input tax may be
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speculator Person who invests money, particularly where both the risk and desired
return are high.
spending envelope “The overall level of public spending. This is set out as part of the
Budget and allocated to pay for all areas of Government activity as part
of the Spending Review” (HM Treasury glossary).
Spending Review Process that “[sets] firm and fixed multi-year budgets for government
departments. They outline the improvements that the public can expect
from government spending” (HM Treasury glossary).
spinster Woman who has never married. Her marital status is therefore single.
The male equivalent is bachelor.
spirits Alcoholic liquor which has a strength exceeding 1.2% or any drink
which is combined with such liquor of such strength (Alcoholic Liquor
Duties Act 1979 s1(2)). There are exceptions for methylated spirits,
angostura bitters, methyl alcohol and other liquids as defined by
Treasury order.
Spirits duty (Charles II- today) Charged on all distilled liquor. Wars with France in 17th century
led to banning of brandy and the growth of whisky which became the
main taxed spirit. In 18th century, the tax favoured gin which allowed
the poor to be “drunk for a penny, and dead drunk for twopence”
(Hogarth). Laws were introduced in 1736 to control the supply. The tax
was sharply increased in 1796.
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spirits of wine “Means plain spirits of a strength not less than 80% manufactured in the
United Kingdom” (Alcoholic Liquor Duties Act 1979 s4(1)).
spiritual welfare A form of welfare services that may be zero-rated. Details are provided
in VAT leaflet 701/2.
split approval Situation where a retirement benefit scheme had only part approved
under Income and Corporation Taxes Act 1988 s611. Under current tax
law, only the approved part is now regarded as a registered pension
scheme.
split-level trust Unit trust where the shares do not attract both capital growth and
income. These elements are sold separately as capital shares and
income shares respectively.
split payment Payment which is made in more than one instalment or by more than
one instrument.
spoiled stamp For stamp duty, a provision that allows repayment when the document
fails to achieve its purpose.
spoilt beer Beer which “has become spoilt or otherwise unfit for use” (Alcoholic
Liquor Duties Act 1979 s46). Such beer may have its beer duty remitted
or repaid.
spoilt cider Cider which “has accidentally become spoilt or otherwise unfit for use
and.... has been returned to the maker” (Alcoholic Liquor Duties Act
1979 s64(1)). Cider duty may be remitted or repaid on spoilt cider.
spoilt wine Wine or made-wine which “has accidentally become spoilt or otherwise
unfit for use and... has been returned to the producer” (Alcoholic Liquor
Duties Act 1979 s61(1)). Wine duty may be remitted or repaid on spoilt
wine.
sports drinks For VAT, these are generally zero-rated as food, though there are
exceptions as set out in VAT leaflet 701/14.
sports facilities When such facilities are provided by an employer, they may be exempt
from tax under Income Tax (Earnings and Pensions) Act 2003 s261.
sports league For VAT, such services are generally standard-rated, as explained in
HMRC Brief 4/11. The leagues are not providing an exempt supply of
land use.
spot price Price for buying something and paying in cash immediately.
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spouse Husband or wife in marriage. Although the term does not include civil
partner, in practice all tax provisions relating to spouses relate to civil
partners also.
There are many tax provisions that relate specifically to spouses,
including:
• transfers between them are exempt from inheritance tax;
• transfers between them are treated as being for no gain or
loss for capital gains tax
• they are associated persons for many tax avoidance
provisions
• older couples may qualify for married couple’s allowance
for income tax.
spread Difference between buying and selling prices. In other contexts, this is
also known as gross profit or turn.
spreading election Election made by a taxpayer under Finance Act 2002 Sch 22.
Where there has been a change of tax law affecting an accounting
period start ends after 31 July 2001, the taxpayer may be able to make
an election to spread the consequential adjustments over six accounting
periods. The matter is discussed in the Inspectors’ Manual at
BIM34120.
Spring-Rice, Thomas Irish-born Whig politician (1790-1866) who was Chancellor of the
Exchequer from 18 April 1835 to 26 August 1839.
spruce beer Form of black beer which is exempt from alcoholic liquor duty
(Alcoholic Liquor Duties Act 1979 s4(1)).
square foot (Sq Ft) Unit of area of equal size to a square where each side is one foot long.
A square foot equals 144 square inches or 929.03 square
centimetres. There are nine square feet to a square yard.
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square metre Unit of area of equal size to a square where each side is one metre long.
It is an SI derived unit with the symbol m2.
A square metre equals 1.196 square yards or 10.764 square feet.
There are 10,000 square metres to a hectare.
square mile Unit of area of equal size to a square where each side is one mile long.
A square mile equals 640 acres or about 259 hectares.
square yard Unit of area of equal size to a square where each side is one yard (three
feet) long.
A square yard equals nine square feet, 1,296 square inches or 0.836
square metres. There are 4,840 square yard to an acre.
SREP Supervisory review and evaluation process, term used by the Financial
Services Authority.
SSP1 Form given by an employer to an employee who is sick and where the
employee is either not entitled to statutory sick pay (SSP) or where
entitlement to SSP has ceased. This form may allow the employee to
claim social security benefits instead.
SSP2 Form used to record amounts of statutory sick pay. The form is
provided free by HMRC in either paper or (from 2008) computerised
form. The use of the form is entirely voluntary; an employer may
choose to use an alternative provided that the records are adequate.
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stable employment case “A case where the [equal pay] proceedings relate to a period during
which a stable employment relationship subsists between the woman
and the employer, nothwithstanding that the period includes any time
after the ending of a contract of employment when no further contract
of employment is in force” (Equal Pay Act 1970 s2ZA(2).
stabling For VAT, an exclusive right of stabling a horse (or other animal) is
exempt as a supply of a right over land. The lessor may standard-rate
this supply under the option to tax provisions. Any separate supply of
animal feed may be zero-rated. Details are given in VAT notice 701/15.
stage manager Person who supervises the technical aspects of a dramatic performance.
Sometimes stage managers also stand in for absent actors. On 5 March
2010, HMRC issued Guidance Note 5 regarding the extent to which
stage managers may be taxed on the same basis as Equity contract
actors, that is paying income tax as self-employed but national
insurance as employees.
stagger The schedule of months in which quarterly returns for VAT and
Insurance Premium Tax (IPT) are due. Traders registered for VAT and
IPT are generally required to submit returns every quarter. For
administrative purposes, the dates on which returns are due are
staggered through the year. When you register for one of these taxes,
you will be notified of which four months will mark the end of your
quarterly tax periods. These are known as the 'stagger'. Normally, a
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stake a claim Make a claim that a person has a particular right over some land or
property.
stakeholder pension The name given to a type of personal pension, introduced on 6 April
2001. The scheme was extensively modified from when the government
first announced it. In particular, the employer is not required to
contribute to it.
An employer of five or more people must make a stakeholder
pension scheme available to any employee who wishes to use one. As
the relationship is then entirely between the employee and pension
provider, the employer is in effect acting merely as an introduction
agency.
stakeholder products Financial products which meet government standards in that they are:
● simple to understand;
● low-cost; and
● risk-controlled.
The term was introduced from 6 April 2005 to replace the previous
CAT standard.
stakeholders A general term devised to indicate all those who might have a
legitimate interest in receiving financial information about a business
because they have a 'stake' in it.
stale cheque Cheque which the payee has not paid into his account and where the
time limit for doing so (usually six months) has expired.
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stamp duty Tax charged on documents. There is no penalty as such for non-
payment of stamp duty; the penalty is that an unstamped document may
be ineffective in its purpose.
The tax dates from 1694. The main laws are now Stamp Duty Act
1891 and Stamp Duty Management Act 1891. Both Acts have been
extensively modified by Finance Acts. In particular Finance Act 1999
changed the heads of charge, and Finance Act 2003 removed land
transactions completely and made them subject to stamp duty land
tax.
stamped For stamp duty, the term “is applicable as well to instruments and
materials impressed with a stamp by means of a die as to instruments
and material having adhesive stamps affixed thereto” (Stamp Act 1891
s27).
stand-alone lump sum A lump sum benefit paid as a single BCE to a member (aged under 75)
of a registered pension scheme that represents all the member’s
uncrystallised rights under the scheme.
The lump sum must meet the conditions of Articles 25 – 25D of
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stand-alone policy Policy that is not part of any other financial arrangement.
standard accessory In the context of company cars for tax purposes, “an accessory
equivalent to an accessory assumed to be available with cars of the
same kind as the car in question in arriving at the list price” (Income
Tax (Earnings and Pensions) Act 2003 s125(4)).
standard agreement Terms of a contract which are usually followed by the parties, as set out
in a written document.
Standard and Poor’s A US-based financial services company that provides widely-used
analysis on shares, stocks and other types of security. They also rate
government securities. The company was formed in 1860.
Securities are rated in order from the highest: AAA, AA+, AA, A+,
A, BBB, BB, B, CCC, CC, C, CI, R, SD and D. It uses NR for a
company that is not rated.
standard case For tax tribunals, a case “which will usually be subject to more detailed
case management [than a basic case] and be disposed of after a
hearing” (The Tribunal Procedure (First-tier Tribunal) (Tax Chamber)
Rules SI 2009 No 273 rule 23(2)(c)).
In employment law, a claim for equal pay which is not a stable
employment case, concealment case or disability case (Equal Pay Act
1970 s2ZA(2)).
standard cider Cider which is not sparkling and which has an alcoholic strength not
exceeding 7.5% (Alcoholic Liquor Duties Act 1979 s62B(4)(a)).
standard cost Cost of a future provision, against which the actual cost may be
measured.
standard costing Process of costing for a future period, against which actual costs may be
compared.
standard debt Debt which causes concern but is not too serious.
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standard fraction The fraction used to calculate marginal relief for corporation tax on
profits that lie between the lower and upper limits. The law is
Corporation Tax Act 2010 s19(3).
Standard Import Values For Customs purposes, a special system for valuing certain fresh fruit
and vegetables at certain times of the year, when the entry price system
is in force. Standard Import Values (SIV) do not operate concurrently
with Simplified Procedure Values (SPV).
standard letter Letter which is written to provide routine information and answers to
correspondents. Such letters are widely used by the tax authorities, as
letters of engagement by auditors and in credit control.
standard method In VAT, the partial exemption method which is available to all partly
exempt businesses without seeking prior approval from HMRC.
standard scale “with reference to a fine or penalty for an offence triable only
summarily,̶
(a) in relation to England and Wales, has the meaning given by
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standard variable rate A lender’s standard mortgage rate. This goes up and down with interest
rates generally.
standby credit Credit which a bank or other financial institution makes available to a
company to draw on when required.
standing charges Cost of owning an asset (particularly a car) as opposed to the costs of
running it.
standing charges The cost of owing an asset rather than of using it. This term is of
particular application to cars where it applies to road tax, MOT,
insurance, cost of capital and depreciation. Other costs, such as petrol
and maintenance, are classified as running costs.
standing order Arrangement whereby a fixed amount is paid at regular intervals, such
as a subscription to a club or a donation to a church or charity.
Standing orders are not generally used by commercial businesses
who prefer direct debits where they can change the amount drawn. A
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starch For VAT, this is zero-rated when supplied in edible form but standard-
rated when supplied for such purposes as stiffening shirt collars (VAT
notice 701/14).
stare decisis Latin: stated decision. The principle that a precedent is binding in law.
start menu In computing, a menu which first appears when a program is selected
and offers basic choices, such as creating a new file or opening an
existing one.
starting rate limit Maximum slice of income subject to the starting rate of income tax.
starting rate (SR) Income tax rate of 10% which was charged on the first slice of taxable
income between the tax years 2001/02 and 2007/08.
stash Deposit of funds which are kept, sometimes secretly, for a particular
purpose.
state (1) An independent country seen as a single financial and legal entity.
(2) Give factual information about something.
state bank American term for a commercial bank licensed by the individual state.
Such a bank is not always a member of the Federal Reserve system. A
bank run by the federal government is called a national bank.
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state maternity allowance Term used in Income Tax (Earnings and Pensions) Act 2003 s677 for
maternity allowance.
statement of account List of sums due, mainly in the form of unpaid invoices.
statement of capital Statement made by directors about the company’s share capital.
Such a statement may be required for a reduction in share capital.
The contents of such a statement are set out in Companies Act 2006
s644(2).
statement of cash flows Statement which sets out where an organisation has received its funds
and how it has spent them.
statement-of-cash-flows method
Method of accounting which uses cashflows, rather than the accruals
method.
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statement of changes Document which an employer must give to an employee within one
month of any change in the contract of employment (Employment
Rights Act 1996 s4).
statement of guarantee A document which must be submitted with the draft memorandum of
association when forming a company limited by guarantee.
Companies Act 2006 s11 requires this statement to specify the
amount each member will contribute if the company is wound up.
included.
statement of practice Document issued by HMRC (formerly Inland Revenue) explaining how
it understands a taxing provision and how it will apply a provision.
They are numbered in the form “SP 1/87”, which refers to the first such
statement issued in 1987.
If a taxpayer follows a Statement of Practice, HMRC will not
challenge that decision. However a Statement of Practice does not have
the force of law. A taxpayer who believes that a Statement of Practice is
wrong may follow another interpretation, but should disclose this in the
white space on a tax return to allow HMRC to challenge such decision.
statement of principles A document issued by the Accounting Standards Board in the United
Kingdom setting out key principles to be applied in the process of
setting accounting standards.
statement of rights In company law, a statement outlining the rights of members to vote or
appoint a proxy. Such a statement must be sent with all notices of
meeting (Companies Act 2006 s325(1)).
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state of emergency Declaration by the King of Queen in Council which allows Parliament
to take emergency action under Emergency Powers Act 1920.
state of indebtedness Fact of being in debt. The term is usually restricted to cases where a
person is seriously in debt and is likely to become insolvent.
state pension credit Social security benefit created by State Pension Credit Act 2002 s1(1).
It has two elements, the guarantee credit and savings credit. It is
more commonly known as pension credit.
The benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
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status discount Term used in relation to people who are ignored for the purposes of
determining liability to council tax. Such people include full-time
students and people who have severe mental impairment.
Statute of Dues Contentious law of 1532 which created a form of taxation in that it gave
the king land rights on the death of a tenant. It was of limited effect in
stemming the continuing low revenues for Henry VIII, who lacked his
father’s financial skill.
Statute of Frauds Law passed in 1677 which, among other matters, required certain
contracts always to be in writing. Originally there were six categories.
These have now been reduced to two: guarantees, and purchases of
land. There are other contracts which must be evidenced in writing (eg
insurance, employment and consumer credit) but which may be made
verbally.
statute-barred When something no longer has any life or effect because of the time
which has passed. Most debts and civil actions become statute-barred
after six years.
statute book Collective terms for all laws passed in a country. It does not exist as a
book.
statutory demand Formal notice sent by creditors before starting bankruptcy proceedings
(Insolvency Act 1986 s268(1)).
statutory instrument Rules made by government ministers who have been so authorised by
an Act of Parliament.
statutory interest Interest HMRC may pay on an overpayment made following an error
by the department.
24 weeks;
● only one payment of SMP is payable for twins and other
multiple births;
● SMP is subject to income tax and national insurance on the
same basis as normal pay;
● the employer may reclaim 92% of the cost of SMP from the
state under the PAYE scheme, or a higher percentage if the employer
qualifies as a small employer.
From 6 April 2011, a woman may return to work after 26 weeks and
transfer the remaining 26 weeks to her husband or partner.
SMP entitlement is determined by reference to expected week of
childbirth (EWC), maternity pay period (MPP) and qualifying week
(QW).
A woman who does not qualify for SMP may qualify for maternity
allowance.
From 14 January 2007 there are no age limits for SMP.
The rules on SMP have changed many times since its introduction.
There was a major revision of the rules in 1994.
The right to reclaim statutory maternity pay is contained in Social
Security Contributions and Benefits Act 1992 s166.
statutory nomination When a law makes provision for property held by a person to pass to
someone nominated by the person regardless of what is in their will.
Statutory nominations apply to certain funds held by a friendly
society, industrial and provident society or trade union, provided the
amount does not exceed £5,000. It also applies to nominations made
before 1981 for National Savings certificates.
statutory payment General term for statutory sick pay, statutory maternity pay,
statutory paternity pay or statutory adoption pay.
statutory regulations Regulations which relate to financial dealings. They are a Statutory
Instrument with the force of law, as against regulations produced by a
regulatory body.
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statutory sick pay (SSP) Social security benefit paid to an employee from a fourth day of
sickness. It is compulsory if the employee meets the conditions. An
employer may pay additional occupational sick pay, or may opt out of
SSP completely if the occupational sick pay is at least as generous as
SSP. The main law is Social Security Contributions and Benefits Act
1992 ss151-154.
An employer may recover SSP from the state to the extent that
payments in a month exceed 13% of national insurance (Social Security
Contributions and Benefits Act 1992 s159A and SI 1995 No 512).
stay of execution Temporary stopping of a legal order, usually to allow additional time
for a matter to be checked or for an alternative to be considered.
stealth bag Bag, wallet, purse or similar which is designed to conceal its purpose.
stealth tax New tax or adjustment to an existing tax which generates additional
revenue in a manner which is not immediately obvious.
steel Alloy of iron and carbon. Producing steel is excluded from eligibility
for venture capital trusts under Income Tax Act 2007 s307C.
For this purpose steel is defined by reference to the list in Annex 1
to the Guidelines on national regional aid 2006/C 54/08 published on 4
March 2006.
the term of the annuity) depends on any contingency other than the
duration of a human life or lives;
(b) the annuitant is entitled in respect of the annuity to payments of
different amounts at different times; and
(c) those payments include a payment (a reduced payment) of an
amount which is substantially smaller than the amount of at least one of
the earlier payments in respect of that annuity to which the annuitant is
entitled” (Income and Corporation Taxes Act 1988 s437A(1)).
stellar contribution Legal principle sometimes used in working out divorce settlements.
The principle is that if one party has a particular talent which
generates income, the other party has a reduced claim to such income.
stepped bond Loan finance that starts with a relatively low rate of interest which then
increases in steps.
stepped costs Costs which remain fixed to a stated level, and then increase to a new
level.
sterling area Term, now rarely used, for the parts of the world where UK currency is
used.
sterling crisis Serious fall in the value of UK currency which leads to economic
problems.
sterling index Index which shows the value of UK currency against a basket of other
currencies.
sterling silver An alloy of silver and base metal with at least 92.5% silver.
Stern Review Report issued by Lord Stern in 2006 on climate change. The Review
points out the economic costs of climate change, and has been the basis
for government policy in this area. Some of its conclusions have been
challenged by other scientists.
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stewardship Taking care of resources owned by another person and using those
resources to the benefit of that person.
Stewardship Code Code of practice produced in July 2010 by the Financial Reporting
Council under which pension funds exercise their rights as shareholders
and set out in their accounts how they voted.
stick to your knitting Business jargon for a business that keeps to its core activities, and does
not diversify. It is also called zero-basing. The opposite has been called
buy a cow.
still licence Licence required to keep and use stills for making spirits (Alcoholic
Liquor Duties Act 1979 s82).
stock (1) Inventory of goods held for resale or for use in business. The tax
implications are discussed in the Inspectors’ Manual at BIM33015.
(2) The equity capital of a company, but expressed in amounts of
amount rather than as numbers of shares.
(3) In computing, a series of registers which are written and read in a
strict order.
stock certificate American term for a document which provides evidence that a person
holds stock (equity capital) in a company.
stock company Provincial theatre company which provides the main cast for a show
with a visiting star actor.
stock deficiency Loss of items on sale in a shop. If this happens, the shopkeeper may
deduct the cost of the items from the shop assistant’s wages under
Employment Rights Act 1996 s17, provided the amount does not
exceed 10% of gross wages.
stock depreciation Reduction in the value of stock. The term usually refers to a loss of
value while an item is in stock.
Such loss of value usually relates to either a deterioration in the
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stock exchange A forum for the trading of stocks, shares and other securities.
The London Stock Exchange is the main stock exchange in the
United Kingdom.
Stock Exchange listing Arrangement where a company’s shares or other securities are listed on
the London Stock Exchange.
stock figures Details of how much stock (inventory) is held by an organisation. The
figures usually list each item held in stock with the quantity held. This
is turned into an amount by multiplying each item by the stock value.
stock holding period Average number of days for which inventory (stock) is held before use
or sale. It is an accounting ratio.
stock item Item which an organisation usually holds in stock for immediate supply
or use, as against those items which it buys in when required.
stock market A stock exchange or other place where shares and similar securities
may be traded.
stock market valuation Valuation of a company based on the price at which the stock market is
valuing its shares. So if a company has 2 million shares and the stock
market is £1.50 a share, its stock market valuation is £3 million.
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stock option Right to buy shares at a special price. Such options are commonly
provided to directors and employees in the company.
stock transfer form Form signed by a person when selling shares in a company.
stock turnover Accounting ratio which measures how long stock is held by a business
before being sold. It is calculated as the total value of stock sold in the
year divided by the average value of goods held in stock.
stockbroker Person who buys and sells shares and other securities on behalf of his
clients.
stocks and shares Term widely but loosely used to mean holdings in the equity capital of
trading companies. Stocks are the US term, and shares are the UK term.
stocktaking sale Sale of items at a discounted price before stocktaking. The purpose is
to clear the shelves of unwanted items. Such a sale will usually require
the closing stock to be reduced for accounting and tax purposes.
stone Imperial unit of weight, still widely used in the UK for the weight of
people. A stone equals 14 pounds. There are 8 stones in a
hundredweight, and 160 stones in a ton.
A stone equals 6.3503 kilograms. There are 157.47 stones in a
metric tonne.
stop In banking, an instruction not to pay a cheque (or similar) which has
been issued.
stop and question Power given to the police in Northern Ireland under Justice and
Security (Northern Ireland) Act 2007 s21.
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stop-go Term used to describe a common economic problem in the 1950s. The
government of either party would relax economic controls, only to re-
introduce them when this led to high levels of inputs. In 1961 the
National Economic Development Council (NEDC or Neddy) was
formed to find ways to avoid stop-go.
stop-loss insurance Protection purchased against the risk of large losses or a severe adverse
claim experience.
stop-loss order Instruction to a stockbroker to sell a share or other security if its price
falls below a stated figure.
stop order (1) Order preventing sale of shares or payment of dividend if a charging
order has been made.
(2) American term for a stop-loss order.
stopped cheque cheque you have issued but where you subsequently tell the bank not to
pay it, usually because the cheque has been lost or misappropriated.
storage capacity Space available for storing items. The term may be used literally, such
as the storage capacity in a warehouse, or may be used in similar
contexts, such as the amount of space on a computer available to hold
data and software.
store card Credit card issued by a large store for use by customers.
The card is usually operated by a finance company on behalf of the
store; GE Finance is the largest such finance company. Typically store
cards have a very high interest rate.
store of value Any item which is widely regarded as being valuable and which is
therefore the basis of currency. Precious metals and gems are stores of
value, as can be land, antiques, and works of art.
The term is also used as one of the two functions of money. The
other function is as a means of exchange.
stores Goods supplied duty free on a vessel or aircraft, for use or sale on a
voyage or flight leaving the UK.
Stra Strange’s King’s Bench Reports, law reports published from 1716 to
1749.
straddle (1) Span a date, such as a date when a tax law changes. Such a straddle
can require the person to apportion an amount between before and after
the change.
(2) In investing, the difference between bid and offer prices.
(3) In investing, buying a put option and a call option at the same
time.
straight line method Method of calculating depreciation whereby the charge is the same
figure for each year of the estimated life of the fixed asset.
So if a fixed asset cost £6,000 and is estimated to last for six years,
under the straight line method, a depreciation charge of £1,000 would
be made for each of six years.
The name comes from the graphic representation. If the years are
numbered on the x-axis, and the depreciated value on the y-axis, the
graph will show a straight descending line thus:
stranger In law, a person who was not a party to proceedings or a transaction but
who becomes involved. For example, under Bills of Exchange Act 1882
s56, a stranger who indorses a bill of exchange incurs liability of an
indorser to a holder in due course.
strap In investing, a security that is similar to a strip but which has two calls
and one put on a share or other security.
earnings between the lower earnings limit and (what is now) the upper
accruals point. In its modified form of State Second Pension, band
earnings are stratified into three strata where the lowest stratum accrues
at 40%, a middle stratum at 10% and the highest stratum at 20%
(subject to some annual variations).
The consequences is that people on the lowest incomes accrue
entitlement at twice the normal 20% rate, while those on higher
incomes accrue entitlement at an overall rate of between 20% and 40%.
From 2010, there are only two strata of 40% and 10%, but the principle
remains the same.
strict settlement Settlement where land is held for the beneficial interest of people in
succession, such as to keep land in a family. The terms for such a
settlement are set out in Settled Land Act 1925.
strike (1) “Any concerted stoppage of work” (Trade Union and Labour
Relations (Consolidation) Act 1992 s246).
A strike sanctioned by a trade union may be official, whereas a
strike prompted by workers themselves is unofficial.
(2) Agree a striking price, sometimes by a predetermined mechanism.
striking price Price at which a security is sold by tender. Bidders make offers of
varying amounts. The striking price is the figure that ensures sufficient
sale is made.
striking the fiars Old Scottish practice of fixing grain prices between counties by a
sheriff and jury.
strip (1) Form of tradeable security, usually comprising two puts and one call
on a share or other security (unlike a strap which as two calls and one
put). The puts and calls have the same expiration date.
There are some specific tax provisions, such as Taxation of
Chargeable Gains Act 1992 s151C.
(2) A security issued by the government under National Loans Act
1968. Its tax provisions are set out in Finance Act 1942 s47.
strip search “Search which is not an intimate search but which involves the
removal of an article of clothing which:
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strong cider Cider which is not sparkling and has an alcoholic strength exceeding
7.5% (Alcoholic Liquor Duties Act 1979 s62B(4)(b)).
structural deficit One of two elements of the Budget deficit. The other is the cyclical
deficit.
HM Treasury glossary says that structural deficit “occurs when
government spending exceeds tax receipts. A government can run a
structural deficit even if the economy is growing strongly.
Consequently, it can only be tackled by reducing government spending
or raising taxes.”
structured enquiry form Any form which asks a question in a structured way, particularly the
way that payrollers may ask HMRC technical questions using its
website.
structured settlement Damages set out as a lump sum and an annuity, as allowed for in
Damages Act 1996.
subcontract Engage a person to do some of the work which you have been engaged
to do, such as when a builder engages the services of an electrician or
gas fitter.
subcontractor Someone a contractor engages to do some of the work for which you
have engaged the contractor.
sub-division In relation to shares, means splitting the nominal value into a larger
number of lower value shares, such as splitting each £1 share into ten
10p shares. The company law is found in Companies Act 2006 s618.
The opposite process is known as consolidation.
sub judice Latin: in the course of trial. There are some legal restrictions on the
conduct of parties while a trial is proceeding.
sublease Lease from a tenant to a subtenant. This is only legal if the lease either
allows such subletting or the landlord has given consent.
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subnational entity County, borough, city, region or other defined area that is a recognised
part of a nation and may have delegated powers to impose taxes.
subordinated loan Loan which ranks after others regarding payment of interest or capital.
sub-prime lending Lending to people who cannot use the normal facilities for borrowing.
subprime mortgage crisis Economic crisis which became evident in 2007 as a consequence of
banks (particularly in USA) granting mortgages to those who could not
afford the repayments.
The demand for higher profits, and higher personal bonuses,
prompted lenders to reduce the conditions for granting mortgages.
These included the notorious liar loans and 125% mortgages. In the
USA, about 80% of mortgages are at variable rate. Interest rates rose in
2006 as house prices fell. This led to soaring mortgage defaults. As
homes were often worth less than the mortgage, foreclosure became
common, which exacerbated the problem.
The problem was further exacerbated by mortgages having been
securitised into a financial product that was then traded without people
being fully aware of what they were buying. When the bubbles burst, it
took a while for the consequences to become fully apparent.
subpurchaser Person who buys property immediately after the seller has purchased it.
This is called a sub-sale and may be relieved from stamp duty.
subscription price Price at which new shares in an existing company are offered for sale.
subsidiarity Policy of transferring control from a central body, such as a head office
or central government, to local bodies. The opposite is known as
centralisation.
subsidiary Company in which parent owns at least 50%. The company which owns
the subsidiary is called the holding company (Companies Act 2006
s136), or sometimes the parent company.
A subsidiary may not own shares in its holding company
(Companies Act 2006 s136(1)(a)) with exceptions for
● holdings before the relevant law started;
● when acting as a representative or trustee (ibid s138);
● when acting as a trustee of an employer’s pension fund (ibid
s139); or
● when acting as a dealer in securities (ibid s141).
subsidiary account Bank account or similar which may be used by some members of an
organisation which holds another account. An example is where a
company puts money into an account for an employee to use on
business.
subsidie Early form of income tax charged between 1435 and 1436, based on
experiments of 1404 and 1411. The subsidie was charged at 6d in the
pound on annual incomes from £5 to £100; 8d from £100 to £400, and
two shillings (10%) above £400. (This last rate was adopted when
income tax was introduced in 1799.)
subsidies (1) Taxes demanded by monarchs in 16th and 17th centuries for specific
purposes such as wars.
(2) Plural of subsidy.
subsidise Pay part of the price to assist or encourage others. At various times, the
government has subsidised the sale of food or property. Tax breaks are
a form of government subsidiary.
subsidised accommodation
Accommodation where the occupant does not pay the whole cost. If the
balance is paid by the employer, the employee may be liable to pay
income tax on the amount of the subsidy.
subsidy (1) Money given to something which is either not profitable, or where
money is provided to make something affordable or to promote its use
as a matter of public policy.
(2) Land tax charged between 1083 and 1163 of 72 pence per hide of
land (between 60 and 180 acres depending on soil quality). The
Domesday Book was compiled to form a register.
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substance of transactions Term used in identifying the nature of a financial transaction. This
involves identifying assets and liabilities, and recognising them. Details
are provided in FRS 5 paras 16-38.
substance over form A basic accounting concept which requires that accounting transactions
are reflected in the accounts according to the underlying substance of
the transaction rather than to its legal form.
The following statement appears in FRS 5 para 14: “A reporting
entity’s financial statements should report the substance of the
transactions into which it has entered. In determining the substance of a
transaction, all its aspects and implications should be identified and
greater weight given to those more likely to have a commercial effect in
practice. A group or series of transactions that achieves or is designed
to achieve an overall commercial effect should be viewed as a whole”.
This principle can lead the accounting differing from the legal form
in such areas as fixed assets acquired on a finance lease, consignment
stock and goods bought or sold with reservation of title.
substandard risk Insurance term for a risk of a claim which is higher than average.
substantially invested Description of offshore fund that holds more than 60% of its assets in
interest-bearing form. There are special tax provisions for dividends
paid from such a fund.
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substantive issue The main issue in dispute in legal proceedings. This contrasts with a
preliminary issue that deals with such matters as procedure or
hardship applications.
substantive trust fund Trust which contains the funds for which it was set up, as against a
nominal trust fund which holds a small amount to allow the trust to be
set up.
It is common practice to create a trust with a nominal sum such as
£10. This means that the trust is ready when the more valuable assets
are ready to be settled into the trust.
substituted remuneration Lump sum received in lieu of normal pay. The inspectors’ manual at
EIM 00670 states that this is taxable as employment income under
Income Tax (Earnings and Pensions) Act 2003 s62. A leading case on
this is Bolam v Muller [1947] 28TC471.
substitute value Value that may be used when stock is transferred between businesses.
The matter is discussed in the Inspectors’ Manual at BIM33500.
substratum Old term literally meaning bottom or basis. A company may be wound
up if its substratum has gone, namely when the basis for which the
company was formed is impossible to continue.
subtenancy Tenancy where the property is let by someone who is himself a tenant
and not the landlord.
subtenant Tenant who occupies property from another tenant, and not from the
landlord.
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succession Process by which one person takes over the rights, duties or property of
another, particularly the right to take over property on death. The law
on this is explained in executorship.
succession duty One of the death duties. It was charged under Succession Duty Act
1853. The duty was repealed by Finance Act 1949 s27 from 30 July
1949. The current equivalent is inheritance tax.
succession planning Human resources term for the processes put into place to replace key
people as necessary.
successive life interests Arrangement when a life interest trust nominates a series of
beneficiaries, so when the interest of one beneficiary expires, the
benefit passes to another identified beneficiary.
successor company In relation to the tax provisions for merged venture capital trusts, this is
defined in Income Tax Act 2007 s323(3).
successor in title Person who will succeed to a right, particularly in intellectual property.
sufferance wharf Old term for what is now known as an approved wharf for Customs
purposes.
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suggestion award Award made to an employee in respect of their suggestion. This is tax-
free up to a permitted amount under Income Tax (Earnings and
Pensions) Act 2003 s322.
suicide Killing oneself. It cease to be a crime under Suicide Act 1961, though
assisting a suicide remains an offence under s2. A suicide may
invalidate the terms of a life insurance policy.
sui generis In planning law, the term used for any development for which there is
not a use class order. Such developments include theatres, houses in
multiple occupation, hostels providing no significant element of care,
scrap yards, petrol filling stations, motor showrooms, retail warehouse
clubs, night clubs, laundrettes, taxi businesses, amusement centres and
casinos.
sui juris Latin: of full capacity. The term describes a person who has legal
capacity and is not, for example, under age, lacking mental capacity or
bankrupt.
sum at risk Amount which a person risks losing. This may be in the form of start-
up capital or investment.
summary dismissal Instant dismissal when an employee’s conduct is such that the employer
cannot reasonably expect the employment to continue during a notice
period.
summons Legal notice from a court served on a person who must respond.
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sum of the digits Method of calculating depreciation, not widely used in practice. It is
sometimes known less accurately as the rule of 78.
The method works by adding up digits representing the number of
(usually) years of the estimated life of a fixed asset. Each year the
depreciation charge is calculated by multiplying the asset value by a
fraction. The numerator is the number of the year, starting with the
highest. The denominator is the sum of the digits. So if an asset has an
estimated life of four years, depreciation is charged as 4/10, 3/10, 2/10
and 1/10 respectively.
The method is sometimes favoured over the much more common
straight line method as it provides greater depreciation in the early
years when most fixed assets suffer the greatest loss of value. The
argument against this is that there is no indication that the relative loss
of values will be fairly represented by numerators based solely on the
number of years.
The formula for calculating the sum of the digits from 1 to n is:
Sum = n (n + 1)
2
sum of the years’ digits Method of depreciation which uses the sum of the digits method based
on the number of years of an asset’s estimated useful life.
sumptuary tax Any tax that is imposed partly or wholly to dampen demand for social
reasons. This is the basis for most excise duties and is a factor in other
taxes. Such a tax is also called a Pigovian tax.
sundry Category of expenditure for items which do not have their own
category.
sunk cost Management accounting for an item which has been spent, cannot be
un-spent, and is therefore ignored in decision-making.
Suppose someone spends £1,000 repairing a car. He then finds that
he needs to spend another £1,200 to make the car roadworthy or he can
spend £1,500 to buy another car which is roadworthy and of equivalent
worth.
The £1,000 is a sunk cost and therefore ignored. The decision is
whether to spend £1,200 on repairs or £1,500 on purchase. The former
is the better option.
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sunset clause Clause in a law, contract or similar that states when the provisions will
cease. Many short-term tax incentives contain sunset clauses.
superannuation Pension paid to someone who is too old or ill still to work.
super-majority Any system of voting which requires more than 50% of the votes for a
motion to be carried.
A super-majority is usually restricted to matters which are
considered so serious or fundamental that a simple majority is regarded
as insufficient. A super-majority typically requires two-thirds, 75% or
even 90%.
Company law requires a super-majority for special resolutions.
In some situations, a 100% majority is required, such as to turn a
limited company into an unlimited company, or for a partnership to
admit a new partner.
super podcast Term used by HMRC for a recorded audio explanation that can be
downloaded and listened to. The first super podcast was announced on
1 March 2010 and explains to businesses how they may pay VAT,
PAYE and corporation tax.
super spike Very rapid or unprecedented rise in a commodity price, as for oil in
2008.
superstitious uses Object of a trust for the propagation of a rite not permitted by law. Such
an object invalidates the trust.
super visum corporis Latin: upon view of the body. Term for a procedure of the coroner.
supplemental deed Deed that must be read in conjunction with another deed.
supplementary charge In VAT, a charge made in respect of a known future increase to counter
avoidance in defined circumstances. For example, in 2010, a
supplementary charge of 2.5% could be imposed in respect of the
published increase in VAT rate from 17.5% to 20%.
supplementary contribution
Further sum paid by HMRC into a child trust fund if certain conditions
are met (Child Trust Funds Act 2004 s9).
supply and demand Basic principle of economics that any imbalance between supply and
demand affects the price of goods or services in a free market.
supply VAT The VAT due on supplies of goods and/or services deemed to be made
in the UK.
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support price Price in the EU at which a government will buy farm produce to stop its
price falling.
supporting documents Any written material which indicates the truth of a statement.
Taxes Management Act 1970 s12B(6)(b) states “supporting
documents includes accounts, books, deeds, contracts, vouchers and
receipts”.
Supreme Court The term now usually means the final appeal court of the UK,
established by Constitutional Reform Act 2005 s23. This replaced the
House of Lords from 1 October 2009.
The first tax case it heard was Grays Timber Products Ltd v HMRC
[2010] All ER (D) 31 (Feb) which held that when employer-related
shares are sold for more than their true value, the excess is chargeable
to income tax as employment income.
The term also means a wider system of courts.
Thus, “Supreme Court” means:
“(a) in relation to England and Wales, the Court of Appeal and the
High Court together with the Crown Court;
(b) in relation to Northern Ireland, the Supreme Court of Judicature
of Northern Ireland” (Interpretation Act 1978 Sch 1).
Also, Supreme Court “shall consist of the Court of Appeal and the
High Court, together with the Crown Court established by this Act”
(Courts Act 1971 s1). This definition is introduced from 1 February
1991.
sur Latin: upon. The word is sometimes used to indicate on what law on
action is founded.
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surety Deeds or other valuable assets which are offered as a security that
someone will do something, or a person who makes a similar promise
on behalf of someone else.
surplus Excess of income over expenditure. This is the equivalent to profit for
a non-trading body.
surrenderable amount Amount of loss that a company may surrender to another company as
group relief (Corporation Tax Act 2010 s139).
surrendering company In group relief, a company that makes a loss that is offset against the
profits of a claimant company in the same group. The law is contained
in Corporation Tax Act 2010 Part 5.
surrender value The amount of money paid to the policyholder by the insurer when
certain types of life policy are discontinued before the full benefit
becomes payable.
surrendering company Company in a group which surrenders its loss relief to another group
company (Income and Corporation Taxes Act 1988 s402(1)). The other
company is known as the claimant company.
surrender period For group relief, accounting period for which a loss is passed to
another company (Corporation Tax Act 2010 s142).
the principle that tax paid was in relation to income. This controversy
was overshadowed by proposals to impose a 20% tax on increased land
values, which sparked a two-year constitutional crisis.
survey method In statistics, indirect method of data collection, usually when direct
observation is not possible. Examples include asking people for
opinions in questionnaires
surviving partner Husband, wife or civil partner who outlives their partner.
This term is widely used in pensions and retirement planning. The
normal assumption is that a surviving partner needs two-thirds of the
income of the couple. Some expenses, such as food, halve on the death
of a partner while other expenses, such as house insurance, remain the
same.
A pension can have provisions for a surviving partner in a joint life
annuity. A pension without such provision is known as a single life
annuity.
For a private pension, choosing a joint life annuity can lead to a
significant reduction in the amount of pension paid. The amount
depends on the age of the partner which a greater reduction for a
younger partner. A choice must also be made of how much of the
pension should be paid to the surviving partner. The figure is usually
50% or two-thirds, but can be 100% or any other percentage.
On average, men marry women three years younger. If a 65-year
old man with a 62-year old wife retires with a pension fund of
£100,000, recent annuity rates indicate that he could receive a level
pension of £616 a month. This would stop when he dies. To provide a
pension to a surviving partner reduces the monthly pension to £519 for
50% pension, £501 for a two-thirds pension, or £473 for a full pension.
If the pension is index-linked the payments to the surviving partner
are also index-linked.
If there is a pension guarantee, the payments to the surviving
partner start when the guarantee period has finished.
For occupational pensions, the provision of a pension for a
surviving partner depends on the terms of the scheme. The maximum
allowed is two-thirds. Such schemes also often include provisions for
further pensions to children under 18, usually to a maximum of two-
thirds of the surviving partner’s pension, which is four-ninths of the full
pension.
survivorship Living after someone else, and the rights that follow from doing so.
survivorship clause For inheritance tax, a condition that someone must survive to inherit.
The disposition is treated as being made when the potential entitlement
arises, except that a disposition that involves transferring property more
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than 12 months later does not give rise to a disposition until then.
suspend Stop doing something for a while, such as not allowing a particular
company’s shares to be traded while a matter is investigated.
suspended beer Term used in Customs notice 226 to mean beer subject to suspended
duty.
suspended order Order committing a debtor to prison for non-attendance at court, but
which will not be enforced if debtor attends on a second request.
suspense account Account to which one side of a double entry is posted when the true
account is not known, such as when a payment is received but its
purpose is not obvious.
The suspense account allows the books to balance while the true
account is identified. The appropriate adjustment is then made by a
journal entry. The existence of a balance in the suspense account is a
reminder that the matter must be investigated.
suspension of penalties Procedure introduced from 1 April 2010 in relation to tax penalties.
Suspension may only apply for penalties that would otherwise for
carelessness. There is no suspension for penalties that arise from
negligent or fraudulent conduct.
Suspension means that no penalty is imposed but, for the taxpayer
must follow conditions imposed by HMRC to ensure that such
carelessness does not arise again. The original penalty is suspended for
two years. If no further penalty arises in this period, the original penalty
is then cancelled.
suspension system One of two methods by which Customs administers inward processing
relief. The other is drawback system.
This applies when goods are imported for processing before being
exported again. The re-exported goods are known as compensating
goods or equivalent goods.
sustainable drainage Term defined in Flood and Water Management Act 2010 Sch 3 para 2.
This Act also introduced Water Industry Act 1991 s106A.
sustainable growth “Economic growth that can continue over the long-term without
damage to the environment or the exhaustion of non-renewable
resources” (HM Treasury glossary).
Swan Swanston’s Chancery Reports, law reports for 1818 and 1819.
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swear “includes affirm and declare” (Interpretation Act 1978 Sch 1).
sweeper Term sometimes used for what was Schedule D Case VI income. The
term means a provision that sweeps up income not taxed under other
schedules. This meaning is used in BIM14030.
sweeteners For VAT, these are zero-rated as food. This covers both natural
products such as honey and sugar, and artificial products such as
saccharin, aspartame and sorbitol (VAT notice 701/14).
sweets “Sweetened prepared food which is normally eaten with the fingers”
(VAT case 18437 Unibev [2004]).
Sweets are standard-rated as they are excluded from zero-rating for
food. There have been many marginal cases on what comprises sweets
rather than food.
[In previous centuries, the word was sometimes used in excise Acts to
mean sweet wine.]
swipe card Plastic card that gives access to premises or stores money.
VAT notice 701/5 gives advice on when such cards are used for bar
purchases in a club.
switching In investment, practice of moving an investment (or part of it) from one
fund to another.
There is usually a cost of doing so in the form of either (or both of)
a management charge from the fund provider, or a spread in that the old
investment is sold at a lower rate than the new one is bought.
SWP Skill with prizes, type of amusement machine that is not regarded as an
amusement machine for VAT purposes.
syngas (SNG) Synthetic gas which basically comprises carbon monoxide and
hydrogen and is made by a process such as steam reforming of natural
gas. The gas may either be used for heating and power, or is sometimes
used for producing other products.
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SYSC Part of the Financial Services Authority Handbook that deals with
senior management arrangements, systems and controls.
system requirements In computing, the hardware and software which a person must have for
a new piece of software to work.
The requirements are usually expressed in terms of:
● how much hard disk is required;
● the minimum size of RAM need;
● what operating system must be installed;
● what hardware equipment must be present (eg CD drive,
scanner, DVD drive etc); and
● any other programs which must be already installed.
systems analyst Person who analyses a procedure to determine how a computer program
may be written to perform the task.
T
T Suffix for a tax code. This suffix does not indicate the allowances to
which a person is entitled, as do other suffixes. A T code may only be
changed by direct instruction from HMRC.
tabula in naufragio Latin: plank in the shipwreck. The term relates to the rights of
mortgagees of a ship that has sunk.
tacit relocation Process under Scottish law whereby a tenant of agricultural property
can stay on if neither party terminates a lease and the tenant inherits the
interest in the property on the death of the previous holder.
Under Inheritance Tax Act 1984 s177, the value of this inheritance
is not subject to inheritance tax.
tailings Residual powder after gold ore has been extracted from mined rock. It
is possible to extract gold from tailings. This is treated as winning
minerals.
tainted gift Gift made within six years of the offence which funded it (Proceeds of
Crime Act 2002 s77).
take-home pay Amount an employee actually receives. It represents net pay subject to
any further deductions, such as loan repayments.
take up rate Number of people who accept an offer as a percentage of those eligible
to do so. The term is commonly used in connection with rights issues
and social security benefits.
Takeover Panel Body which once considered certain large takeovers to see if they were
in the public interest.
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tallage Tax imposed between 1174 and 1268 by the king on the increasingly
wealthy boroughs.
The word tallage was first used in 1177. There was a massive
tallage in 1192 to ransom Richard I. In 1243, tallage was levied directly
on citizens rather than being compounded by the borough. This led to
open protest in London in 1255.
tally Record of how many things have been done. Sometimes the term means
to keep a record of amounts. The term is used for a simple process of
counting and recording.
The term originally related to a stick on which a notch was carved.
The stick was then split into two with the payer keeping one half with
the notch as a receipt for payment.
tally clerk Person whose job it is to count and record something, particularly
quantities of cargo.
tampon For VAT, this is reduced rated from 1 January 2001 under Value Added
Tax Act 1994 Sch 7A Group 8. The exact scope is given in VAT notice
701/18.
tangible asset Asset which has a physical form, such as a building, furniture, chattel or
vehicle.
tangible fixed assets A fixed asset (also called a non-current asset) which has a physical
existence.
tangible property Property that may be touched, that is property that has a physical
existence such as buildings, vehicles, plant and furniture. This excludes
intellectual property such as copyright and patents.
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business.
taper relief Tax relief under capital gains tax. It applied to gains that arose before 6
April 2008 and reduced the tax payable according to the length of
ownership of the asset. It was replaced by entrepreneur's relief.
TARGET Cross-border Euro settlement system that links CHAPS in the UK with
equivalent systems in other EU states.
target cost Cost which at which a business hopes it can provide a product or
service. The target cost is usually one which is significantly less than
the current cost but where it is believed some savings may be made.
tariff Any list of prices, such as for bank charges, in particular the
Interrelated Tariff of the United Kingdom for the purposes of
determining Customs duties.
tariff quota Form of EU preference under which limited amounts of specified goods
may be imported into the EU and admitted to free circulation at a
reduced or nil rate of Customs duty and Common Agricultural Policy
charges.
The quota may be expressed in terms of weight, volume, number or
value.
tart Colloquial term for someone who keeps changing banks or other
financial suppliers to benefit from special offers, such as serial
exploitation of interest-free periods on credit cards.
taste test For beer duty, when a person tastes beer from experimental brewing
without otherwise drinking it (Customs notice 226). Beer duty is not
payable for such a test.
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taxable amount This term has a specific meaning for capital gains tax, when it means
the amount of chargeable gain less losses and reliefs.
taxable cheap loan Term used in relation to taxing an employment-related loan as set out
in Income Tax (Earnings and Pensions) Act 2003 s175(2).
taxable earnings Earnings which are subject to income tax. The statutory scope of this
definition is contained in Income Tax (Earnings and Pensions) Act
2003 s10(2).
taxable input tax For VAT, input tax incurred on goods and services which are wholly
incurred for making taxable supplies. This value includes the taxable
element of residual input tax from the partial exemption method.
taxable person For employment income, this is “the person to whose employment the
earnings relate” (Income Tax (Earnings and Pensions) Act 2003 s13(2)
or for taxable specific income, “the person in relation to whom the
income is... to count as employment income” (ibid s13(3)).
taxable person For VAT, an importer who is registered for VAT and reimports goods
in the course of his business (Value Added Tax Act 1994 s3).
taxable specific income Amount of a specific income which is taxable. The statutory scope of
this definition is given in Income Tax (Earnings and Pensions) Act
2003 s10(3).
taxable supply Supply of goods or services which is not exempt from VAT. It bears
VAT at the standard rate, reduced rate or zero rate.
It “is a supply of goods or services made in the United Kingdom
other than an exempt supply” (Value Added Tax Act 1994 s4(2)).
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taxable turnover For VAT, total value of supplies which are taxable at the standard rate,
reduced rate or zero rate. Exempt supplies are not include.
tax accountant Person who offers tax advice to clients. Such a person need not be
qualified.
Under Taxes Management Act 1970 s20A, HMRC may require a
tax accountant to provide papers about a client if the tax accountant has
been convicted of a tax offence or paid a penalty for assisting in the
preparation of a false tax return (under Taxes Management Act 1970
s99).
There are further provisions for a tax adviser.
tax adviser Person “appointed to give advice about the tax affairs of another person
(whether appointed directly by that person or by another tax adviser of
his)” (Taxes Management Act 1970 s20B(10).
In general, HMRC cannot require a tax adviser to produce papers
which the adviser owns and which relate to tax advice to a client.
tax and time calculator Calculator which has additional keys for time and tax functions. The
time functions allow it to calculate the time between two dates or times
of day. The tax calculator allows some buttons to be pre-programmed to
assist in tax calculations, such as calculating VAT.
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tax assessment Calculation by the tax authority of how much tax they believe is
payable, as against a figure calculated by the taxpayer.
taxation of costs Process by which disputed legal fees are settled by a costs judge or
taxing master of the court.
tax at source System which collects tax automatically, such as PAYE or deduction
from share dividends.
tax auditor Term occasionally used for a person who investigates tax liabilities.
tax avoidance Legal act of minimising tax liability within the law, as against the
illegal acts of tax evasion.
In practice, a distinction is often made between aggressive tax
avoidance (or artificial avoidance) and other forms. The former seek to
apply legislation in a manner that is not intended. HMRC will often
take a vigorous approach to countering such schemes, including
litigation.
Tax law contains hundreds of anti-avoidance provisions to prevent
tax being avoided other than as intended.
Avoidance schemes generally must be notified to HMRC under the
disclosure of tax avoidance schemes (DOTAS) provisions.
tax avoidance scheme Scheme designed to give effect to tax avoidance arrangements.
Such schemes must usually be disclosed to HMRC.
tax base The tax base is an assessment by each billing authority of the likely
yield of a Council Tax of £1, taking into account the number of
properties on which a tax can be levied. The Tax base counts properties
as Band D equivalents .For setting Council Tax, the tax base is based on
the District or Borough Council's number of Band D equivalent
properties within each local authority area, allowing for non-collection
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tax bracket Band which attracts a particular tax rate, such as a band of income.
tax calculator Calculator which has buttons that can be preset for particular
calculations, such as calculating VAT on selling prices.
tax code Used by an employer to calculate how much income tax must be
deducted from wages under the PAYE scheme.
tax concession Strictly relaxation from tax rules in circumstances. Such concessions
are made by HMRC.
tax credit The amount which an ISA manager can reclaim from the Inland
Revenue in respect of share dividends received. This is 10% of the
amount received until April 2004, when it will no longer be available.
tax credit Means-tested social security benefits. (They have nothing to do with
tax, and are not credits.)
tax credit functions Specific functions of HMRC as set out in Finance Act 1989 s182(2ZA)
in relation to disclosure of information.
tax date Date on which a transaction is regarded as having taken place. For
VAT, the term generally used is tax point.
tax deductible Description of an expense or similar item which may be deducted from
a figure which is subject to tax.
tax deduction card Original name of the P11 form when PAYE was first introduced.
tax dodge Colloquialism for any means of reducing a person’s liability for tax.
tax domicile Place which tax law considers to be a person’s natural home.
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taxe sur la valeur ajoutée French for “value added tax”, a term that can appear on invoices from
Belgium and France. It was originally a separate French tax which was
the basis of VAT as adopted by the European Union.
tax exempt Exempt from taxation. The term usually applies to bodies exempt from
income tax and capital gains tax, such as embassies and certain
international organisations.
tax form Document which must be completed for the tax authorities.
tax functions Range of duties performed by HMRC as defined in Finance Act 1989
s182(2) in relation to disclosure of information.
tax-geared penalty Amount of a penalty that relates to the amount of tax. Most tax
penalties are now tax-geared, though the term is not widely used. The
term can be found in Taxes Management Act 1970 s97A.
tax harmonisation Provisions which are designed to introduce common features to two tax
systems. The term is applied to tax systems in different countries, such
as in different EU countries, or to different taxes which have developed
separately, such as income tax and national insurance.
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tax haven Country or place where tax rates are low, and where businesses may be
registered to save tax.
Tax Health Plan Limited tax amnesty offered to doctors and other medical professionals.
On 11 January 2010, it was announced that if they voluntarily disclosed
any untaxed income by 31 March 2010, the tax penalty would be
reduced to 10%.
tax holiday Period when a business or person is excused from paying tax.
taxi fares Standard-rated for VAT. Although they are a form of passenger
transport, they are not capable of carrying at least 10 passengers as
required by Value Added Tax Act 1994 Sch 8 Group 8.
tax incentive Provision in tax law which relieves the liability to tax in one area to
encourage people to do something.
taxing master Officer of the court who deals with disputes on legal fees. Such a
person is now called a costs judge.
taxing officer Person appointed by each House of Parliament to calculate the costs of
moving certain Bills (Parliamentary Costs Act 2006 s1).
tax intermediary Accountant or similar person who deals with a person’s tax affairs for
them.
tax invoice Invoice containing data as required by VAT law. A customer must
generally have a VAT invoice to be able to reclaim the VAT as input
tax.
tax liability Liability to tax, particularly with regard to imposing VAT on supplies.
tax loophole Unintended provision in tax law which can be exploited as a means for
avoiding tax.
tax loss Loss made by a business which may be offset against taxable income,
either of the same trade for another period, or against income of another
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trade.
tax month Period which runs from the 6th of one month to 5th of the next month.
It is widely used for PAYE.
tax morality Term coined by Inland Revenue chairman Sir Nick Montagu in 2002 to
suggest that avoidance of tax is immoral.
The term caused some surprise as taxation is entirely statute-based
with no concept of fairness or equity. There have been many cases
where the tax authorities have successfully prosecuted in cases widely
seen as unfair.
tax office Local office of HMRC which deals with a person or business’s tax
affairs.
tax on capital income Tax on the income from the sale of capital assets. It is generally taxed
as income.
tax on incomes Exceptional tax on incomes imposed between 1450 and 1452 to fund
war with France.
tax on moveables An early form of excise duty imposed from 1462 on various moveable
items, of which playing cards duty proved to be the most durable.
tax paid Description of goods where all necessary duties and taxes have been
paid and will not be refunded.
“All taxes due on the goods wherever purchased have been paid and
have not been, nor will be, refunded” (Customs notice 3).
taxpayers’ charter Document produced by Inland Revenue and Customs & Excise (as they
then were) in 1990 setting out the basic standards taxpayers could
expect from them. It gradually lost relevance, and was replaced by a
vaguer service commitment, which was itself formally withdrawn in
June 2008.
tax penalty Additional sum imposed for non-compliance with tax law.
tax period Period covered by a VAT return. This is usually three months, but can
be one month, one year, or sometimes other periods.
tax point Date which fixes the liability for tax, particularly VAT. This is
generally the earlier of the dates where the supplier raises an invoice
and the customer pays for the goods.
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tax pool Record of income tax paid by the trustees of a discretionary trust plus
any tax deducted at source on income they received. This pool is
reduced by the tax credit on income distributed to the beneficiaries. If
the balance in the tax pool is less than the tax credit, the beneficiaries
must pay the balance to HMRC.
The 10% tax credit on dividends is not included in the pool.
Although the tax paid by the trustees is included in the pool. This is
usually 32.5% (42.5% less 10% tax credit).
tax presence For PAYE, the state of an employer being in the UK and therefore
obliged to operate PAYE.
tax reduction Reduction in income tax given in addition to person allowances and
other reliefs for such things as Enterprise Investment Scheme and
maintenance payments (Income Tax Act 2007 s26).
tax relief certificate “A certificate issued by the CDFI in respect of the investment which is
in the form specified by the Commissioners for Her Majesty’s Revenue
and Customs” (Income Tax Act 2007 s348(1) and Corporation Tax Act
2010 s229(1)).
This relates to eligibility for community investment tax relief.
tax relief grant Grant made by the government to a housing association to relieve tax
otherwise payable. The provisions are set out in Housing Act 1988 s54.
tax results for other parties Term used in Guidance Notes on bank payroll tax. Its context
requires a bank to consider the tax consequences of other parties so as
not to avoid tax contrary to the intentions of Parliament.
tax return Information which a taxpayer must complete regarding their liability to
pay tax.
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tax schedules Traditionally income tax and corporation tax were collected in up to
six schedules indicated by the letters A to F according to the source of
the income.
These schedules were generally introduced in 1803 and finally
abolished for income tax in 2005, and for corporation tax in 2009.
In outline the tax schedules were:
● schedule A (1803-2005) land and buildings;
● schedule B (1803-1988) farming, woodlands;
● schedule C (1803-1996) public securities;
● schedule D (1803-2005) trading etc;
● schedule E (1803-2003) employment;
● schedule F (1965-2005) share dividends.
Schedules D and E were further divided into cases.
tax shelter Arrangements where investments may be made without paying tax that
would otherwise be due. Pension schemes are a common tax shelter.
tax shift When the liability to account for VAT moves from the supplier to the
customer, as applies under reverse charge accounting.
tax system Methods used by the government to impose and collect tax.
tax treaty Agreement between the UK government and a foreign government that
deals with taxes which both countries may tax under their system. The
treaty contains provisions to avoid double taxation.
tax value Amount on which VAT is due. This is usually the price charged for the
supply, but there are some circumstances when market value has to be
substituted.
tax week Period of seven days which starts on 6 April and every seventh day
therefore. It is used for PAYE.
As a year comprises 365 or 366 days, there are always one or two
days outside the 52 tax weeks. These are known as week 53 for which
special provisions apply.
For national insurance, “one of a series of successive periods in a
tax year beginning with the first day of that year and every seventh day
thereafter, the last day of a tax year (or, in the case of a tax year ending
in a leap year, the last two days) to be treated as a separate tax week”
(Social Security Contributions and Benefits Act 1992 s122(1)).
tax year Period which runs from 6 April to following 5 April (Income and
Corporation Taxes Act 1988 s2(2)).
Until the 12th century, the year started on 25 March, Lady Day. In
1752, Britain switched from the Julian to the Gregorian calendar which
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led to 11 days being lost. These days were added to Lady Day to make
up the year, and 6 April has been the start of the tax year ever since.
For income tax, “a year for which income tax is charged” (Income
Tax Act 2007 s4(2)).
For VAT, a period of 12 months which is covered by VAT returns.
The taxpayer usually has the choice of this year ending on 31 March, 30
April or 31 May.
TB Tax Bulletin.
TBA To be advised.
TC Tax cases. This is the citation used in two series of tax cases:
(1) From 1875, it is the series of official cases published by HMSO.
The citation takes the form 65 TC 421 which means volume 65 of the
series, starting on page 421.
(2) From April 2003, this is also the citation for First Tier Tribunal
decisions on cases regarding all taxes. The citation takes the form of TC
followed by a five-digit number.
(3) Training and Competence sourcebook, published by the Financial
Services Authority.
tea Tea provided free or subsidised at work is not a taxable benefit (Income
Tax (Earnings and Pensions) Act 2003 s317).
tea duty Customs duty charged from 1600 until 20th century.
tea licence A licence charged between 1780 and 1869 to retailers of tea, in addition
to the tea duty introduced in 1660. The licence allowed the retailer also
to sell coffee, cocoa, chocolate and pepper.
technical analysis In investing, the study of the price movements and volumes of
securities.
technical correction In investing, when a share price moves up or down because it is realised
that its previous price was too high or too low.
technical decline Fall in share prices for reasons explained by technical analysis.
technical provisions Term used in Pensions Act 2004 s222(2) to mean the amount required
on the basis of an actuarial calculation of the liabilities of a pension
scheme.
technical provisions Term used in Finance Act 2007 Sch 11 para 3(7) in relation to detailed
tax provisions for insurance businesses.
technical support Term used by software providers for a telephone service (often at a
premium rate) which users can help for help in using the software.
technology butler Person employed in some hotels to assist guests with computer-related
problems.
teeming and lading Attempt to manipulate financial records to conceal something, such as a
fraud or a decline in sales. The method involves creating false records
in one period which are corrected in the next.
telecommuting Term sometimes used for homeworking, particularly when the person
uses equipment such as e-mails, telephones and webcams to
communicate with colleagues at a remote location.
telegram A message which could be sent by telex to a local post office who
could then hand-deliver it to any address.
The first telegram service in the UK started in 1845 though the
service did not become common until the 1910s. The service was
suspended in 1943 because of the war. In 1981, the telegram service
became part of British Telecom.
BT discontinued the telegram service on 31 July 2003. In the USA,
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Western Union sent its last telegram in February 2006, having started
the service in 1851.
In 2003 TelegramsOnLine took over the BT service. Telegrams are
now only used for festive and fun occasions.
telegraph Early form of electronic messaging, used from 1835. Electrical signals
were sent down wires by railway lines to point to letters on a dial.
telephone banking Banking services which may be transacted by telephone without the
need to visit bank premises.
telephone betting Competition where the participant’s stake is paid by calling a premium
telephone number. As the payment is not to the competition organiser,
this is not regarded as a stake, and so no betting duty of any kind is
payable.
television entertainers The tax and national insurance positions for various people who appear
on television was considered in the case ITV Services Ltd. TC 836. As a
result of this case, HMRC issued Brief 10/11.
television licence Licence required to receive television signals. It collects funds that are
paid to the BBC to provide public subscription broadcasting, unlike
commercial television that relies on advertising. The licence is therefore
a hypothecated tax. Its evasion is a criminal offence.
The licence was introduced as a radio licence on 1 January 1927,
the first in the world. The television licence was first issued in 1946 at
£2. The higher rate for colour televisions was introduced in 1968, and
remains. The radio licence was abolished in 1971.
It is currently collected under Communications Act 2003.
temporary absence A period during which a member of a group insurance scheme can be
away from work and continue to be covered by the insurance.
temporary accounts In bookkeeping, accounts that exist in the current accounting period
and have yet to be closed for inclusion in financial statements.
temporary event notice Form of licence needed from local authority to sell alcohol at a local
function such as a church fete.
temporary event notice Notice which a local authority issues for events which require a short-
term licence, such as a beer tent at a fete (Licensing Act 2003 s100).
Such a notice is issued routinely subject to conditions and no objection
from the police.
temporary hard standing Area near a landfill site designed to allow landfill operations to take
place. Material so used is not subject to landfill tax.
temporary importation A reduced rate, often zero, of customs duty is payable for temporary
imports of certain defined items, such as material for an exhibition.
temporary non-resident Person who is resident for a tax year in which he returns to original
country and who was not resident for the previous year. Their capital
gains tax liability is set out in Taxation of Chargeable Gains Act 1992
s10A.
temporary storage facility In relation to beer duty, this is premises within five kilometres of the
brewery of other registered premises where beer may be stored to meet
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temporary tax “A tax which has been imposed, or renewed or reimposed, for a limited
period not exceeding eighteen months, and was in force or imposed
during the previous financial year” (Provisional Collection of Taxes Act
1968 s2(2)).
temporary workplace In relation to travel in employment, “means a place which the employee
attends in the performance of the duties of the employment —
(a) for the purpose of performing a task of limited duration, or
(b) for some other temporary purpose”
(Income Tax (Earnings and Pensions) Act 2003 s339(3)).
This expression is further clarified in following sub-sections.
Travel to a temporary workplace is generally tax deductible for up
to 24 months.
tenant for life Person who holds an estate for life, and who has wide powers of the
estate under Settled Land Act 1925.
tenant for years Person who holds an estate for a stated term of years.
tenant from year to year Person who holds an agricultural estate that may be determined at half a
year’s notice by either side (Agricultural Holdings Act 1986).
tenant in common One of the two common means by which two or more people co-own
land and property. This includes property owned by a married couple or
civil partnership.
A tenant in common owns a separate share of the property which
may be left in the person’s will. This must be distinguished from a joint
tenancy.
tenant pur autre vie Tenant during the life of another person.
tender (1) Offer to provide goods or services for a stated price, and often
subject to stated conditions.
(2) Offer money in the form of bank notes and coins for payment.
tender evaluation Procedure for considering tenders submitted for work. There are
various methods in use.
Automatically accepting the lowest tender is not advisable as there
may be other factors, such as reliability, adequacy of resources,
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ten pence Silver coin minted from 1968 as a replacement for the florin worth two
shillings. Its diameter was reduced from 24mm to 18mm in 1990.
ten-year anniversary The tenth anniversary of the date on which a settlement was created.
This triggers a ten-yearly charge to inheritance tax for discretionary
trusts and some other trusts. The creation of the settlement is generally
when property is first settled. No anniversary can fall before 1 April
1983.
ten-yearly charge Inheritance tax charge imposed every ten years on a discretionary
trust, and (from 22 March 2006) on many other types of trust.
This is sometimes called the “ten-year charge” or periodic charge.
The charge is 30% of the lifetime rate of inheritance tax. As this is
20%, the ten-yearly charge is usually 6%. In effect, the exit charge is a
final ten-yearly charge.
The ten-year period is divided into 40 quarters. Property may be
excluded from the calculation for each whole quarter in which it was
not held by a trust.
TEP Letters after a person’s name that indicates full membership of the
Society of Trust and Estate Practitioners (STEP).
term account Money invested for a fixed period, after which it is repaid to the
original lender. It is another name for term deposit.
term deposit Money invested for a fixed period, after which it is repaid to the
original lender.
terminally ill Description of a person suffering from a physical condition from which
there is no likelihood of avoiding death. Such a person automatically
qualifies for the highest rate of the care component of the disability
living allowance and can be a factor in determining entitlement to the
mobility component of the same allowance.
term insurance Life insurance which only pays if the person dies before a certain date.
As there is no guarantee of payment, as there is for life assurance,
term insurance is often much less expensive. It is therefore often
recommended to younger people with heavy commitments where the
necessary cover can be provided at an affordable price.
terminal bonus Additional bonus which may be paid when a claim arises under a with-
profit policy, either at maturity or on death of the policyholder.
terminal date Date when something ends. The term is used for determining when
child benefit stops. It is the last day of February, May, August or
November after the child or young person either completes their
education or reaches their 20th birthday.
terminal loss period Either the period from the start of a trade’s final tax year and ending
with its cessation, or the last 12 months of the trade’s life (Income Tax
Act 2007 s90). There are special provisions for relieving a loss from
this period.
terminal trade loss relief The relief whereby a loss from a trade in its terminal loss period may
be carried back against profits of the previous three years.
The law is Income Tax Act 2007 s89 for individuals, and
Corporation Tax Act 2010 s37 for companies.
termination clause Provision in a contract which sets out how that contract may be ended.
term shares Shares offered for a fixed period. They are often offered by building
societies, usually at a higher rate than other products.
terms of sale Conditions which attach to a contract for the sale of goods or services.
territoriality Principle of international law that states should not seek to legislate
outside their territory, with some exceptions.
territorial limits Geographical area over which a parliament may legislate. For the UK it
comprises the land mass and 12 miles out to sea.
territorial waters Area of sea round a state over which that state has legal authority. It is
governed by a Geneva Convention of 1958, as amended. Territorial Sea
Act 1987 fixes this at 12 miles for the UK. Traditionally the limit was
three miles, the distance a cannon shot was supposed to be able to
cover.
terrorism Use of violence and fear as an instrument of political change. Not only
is this a crime, but it is an offence not to report evidence of this. This
overrides any duty of client confidentiality.
The tax authorities may disclose confidential information to
intelligence services under Anti-Terrorism, Crime and Security Act
2001 s19.
Payments to terrorists are disallowed as business expenditure as a
criminal payment. The matter is discussed in the Inspectors’ Manual at
BIM 43120.
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testamentary capacity Ability to make a legal will. This broadly means that the testator must
be either at least 18 years old or in the armed forces, and must have
mental capacity.
A person has testamentary capacity if he or she understands:
• the nature of the document being signed
• the property which is being disposed
• that some people may have a claim on his property
• the manner in which the estate is to be distributed.
Where there is reason to believe that the testator’s mental capacity
may be challenged, it is a common practice to ask a doctor to be a
witness or to provide an accompanying letter.
testamentary guardian Person appointed in a will to look after a testator’s child who is still
under 18.
testamentary intention The principle that the intention of the testator determines how a will is
to be interpreted. A will that was executed as a result of fraud, coercion
or undue influence can be set aside by a court.
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test case Case brought before the court to test a legal principle on behalf of other
claimants in a similar position.
testimonial Sports event, concert or other fund-raising activity for the benefit of a
person, such as on their retirement. As such money is considered to be a
personal gift, it does not attract tax.
testimonium Clause at the end of a deed or will which commences “In witness
whereof....”
test return Dummy tax return which may be sent to HMRC to ensure that the
Internet connection is working properly.
text Material expressed in words. Books and similar printed material is zero-
rated for VAT whereas text in the form of faxes, e-mails, microfiche
and similar is generally standard-rated (VAT notice 701/10).
textbooks In law, authoritative work that may be cited in court as evidence of how
to interpret a law.
theatrical artist Actor or other entertainer who primarily works in theatres. The case
Madeley v HMRC SpC 547 [2006] established that this term also
applied to television presenters. The case concerned Richard and Judy
who presented a daytime television programme.
There are some special tax provisions for such artists. They are
generally taxed as employees unless they have reserved Schedule D
status. They are allowed to claim as a business expense payments to an
agent of up to 17.5% of earnings.
the Bar Term used in law to mean barristers collectively. Barristers qualify
when they are “called to the bar”. This was originally a physical bar in a
court beyond which only barristers could pass to address a court.
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The Fed Abbreviation for the United States Federal Reserve Bank, America’s
central bank and its equivalent to the Bank of England.
the I minus E basis In relation to taxation of insurance companies, “means the basis under
which a company carrying on life insurance business is charged to tax
on the relevant profits (within the meaning of section 88(3) of the
Finance Act 1989) of that business under Case I of Schedule D”
(Income and Corporation Taxes Act 1988 s431(2)).
Thellusson The court case Thellusson v Woodford [1799] where the deceased left a
will typing up his estate for decades so that no living person could
derive any benefit. This led directly to the law on accumulations.
thermal insulation For capital allowance purposes, is treated as an integral feature, which
means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
The Times National newspaper that publishes law reports. The citation is [Name
of case] The Times [date of publication].
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third company For consortium relief, “a company that is not... a member of the same
group of companies as the trading company” (Corporation Tax Act
2010 s155(4)).
third farthing Copper coin worth one third of a farthing or 1/12 of an old penny,
minted between 1827 and 1913. There were 2,880 to the pound.
third guinea Coin worth 7 shillings minted between 1797 and 1813.
third party Person who is not a party to a contract but who may be affected by it,
such as a passenger in car who makes a claim on the driver’s insurance
policy.
The law of privity of contract generally excludes a third party from
taking action under a contract, but there are many exceptions to this
rule. For example if C is a passenger in a car driven by A who has
insured it with B, C has a claim against B if A is injured in an accident.
third party debt order Court order requiring a third party, such as a bank, to pay money to
discharge a debt.
third party directions Directions given by a court to a person who was not an original party to
the proceedings but who has subsequently become a party.
third party, fire and theft Motor insurance of third party insurance that also insures a car
against being stolen or damaged by fire.
third party insurance Insurance to protect people who are not parties to the policy, and to
protect their property.
It is an offence to take a vehicle on a British road without such
insurance (Road Traffic Act 1988 s143(1)(a)).
Such insurance does not insure the driver or the vehicle itself.
third party notice Notice served by Pensions Regulator on a third party under Pensions
Act 2004 s14 to address a contravention of regulations.
third party proceedings Proceedings brought by a defendant against someone who is not
already a party to the legal action.
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third quarter The seventh to ninth months of a particular year. The third quarter of a
calendar year runs from 1 July to 30 September.
Thorn Baker Name given to the case HMRC v Thorn Baker Ltd [2008] which briefly
held that agency workers were entitled to statutory sick pay. The
government legislated to reverse this court ruling and restore the
position that an agency worker is only entitled to SSP after three
months. This revised law applies from 27 October 2008.
Thorneycroft, Peter English Conservative politician (1909-1994) who was Chancellor of the
Exchequer from 13 January 1957 to 6 January 1958 in the government
of Harold Macmillan. He resigned in protest at increased government
spending.
three certainties Term used to define a condition for setting up a valid express trust.
The three certainties are of words and intention, subject matter and
beneficiaries.
This condition was laid down in the leading case of Knight v Knight
[1840]. A lack of certainty can void a trust, with an exception for a
charitable trust.
three-line account (TLA) Simplified tax reporting requirement for small businesses. Such
businesses need only report their turnover, allowable expenses, and
profit or loss. They do not need to provide a breakdown of the expenses
they may choose to do so. The business must keep normal business
records showing such details.
For the 2009/10 tax year, the upper limit is the same as the VAT
registration threshold. Previously it was £30,000 for self-employment
and £15,000 for property income.
three-tier system Traditional system for allocating cases in the Crown Courts.
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Threlfall v Jones Leading tax case that established that accounting standards must be
followed for accounts on which tax computations are based. The full
name is Threlfall v Jones [1993] 66TC77.
threshold Point at which a provision comes into effect, such as the point at which
tax becomes payable or a benefit becomes receivable.
thrift In the USA, a private local bank or similar body which accepts and
pays interest on small deposits.
through airway bill An airway bill where the final destination is not the airport of receipt
(AOR). The goods have arrived at the AOR to be routed on.
throughput accounting System which looks at how maximum returns can be obtained on
activities subject to bottlenecks.
TI Temporary importation.
tidal waters Any part of the water that naturally ebbs and flows (Merchant Shipping
Act 1894).
tidying up Term used in tax law to mean provisions that make existing provisions
clearer without changing their substance. The term is not a
colloquialism.
For example, the term is used in Finance Act 2007 Sch 10 para 5 in
relation to provisions in Taxation of Chargeable Gains Act 1992.
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tied financial adviser Person who has been authorised by the relevant body as a financial
adviser, but who is only allowed to promote products of one company.
tied oil Oil which has been delivered as “conditionally relieved of duty”.
Such oil must be delivered to an individually approved distributor
for supply for eligible use, or to an individually approved user.
tights Single garment which covers the lower half of the body and provides a
stocking effect on the legs. Tights replaced stockings from the mid-
1960s when mini-skirts became popular.
An employer may reimburse an employee for laddered tights
without this constituting a taxable benefit-in-kind.
tilla Gold coin issued by Afghanistan, that may be a gold investment coin
for VAT purposes.
till book Banking term for the ledger which was kept by each teller in a bank
branch recording details of payments received in and paid out. Such
books disappeared by the 1980s as computers were used.
timber Wood used for building. Its original legal use was restricted to mature
oak, ash and elm.
time In financial matters, time means the period before or after which
something happens, period which someone works, or the duration of
something (such as the life of a contract).
time and a half Rate sometimes paid for working overtime. It comprises the
employee’s normal hourly rate uplifted by one half.
time and a third Rate sometimes paid for working overtime. It comprises the
employee’s normal hourly rate uplifted by one third.
time and method Method of analysing the methods by which tasks are performed to see if
it is possible to find less expensive methods.
time and motion Method of analysing how tasks are performed to see if it is possible to
find less expensive ways.
time bargain Contract for the sale of stock at a certain price on a future day where the
seller does not hold the stock but intends to purchase it before the sale.
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time calculator Calculator which has the additional function of being able to calculate
time such as between two dates or two times of the day.
time deposit When money is saved with a financial institution for a fixed period.
time immemorial From when the memory of man runneth not to the contrary.
The Statute of Westminster 1275 fixes this as being from 1189.
time-inconsistent addiction
Economic term for where someone suffers from addiction, and is
aware of its financial consequences but lacks sufficient willpower to
overcome the addiction.
time is of the essence Time is the most important consideration. This condition in a contract
can have the effect of voiding a contract if work is late.
time-keeping State of being at work on time and staying until the required hour.
The reliability of an employee in keeping to the hours he or she is
supposed to work.
time off for dependants The right to take unpaid leave to look after a dependant (Employment
Rights Act 1996 s57A).
time off for public duties An employee has the right to unpaid leave to perform certain public
duties, such as magistrate or councillor. A full list is given in
Employment Rights Act 1996 s50.
time order Order issued by a court allowing a debtor more time to pay a debt.
Such an order may be requested only if the debt is regulated by
Consumer Credit Act 1974. This generally means that the debt was up
to £25,000 if taken out from 1 May 1998, or £15,000 if taken out
previously.
time policy Marine insurance policy that covers a ship for voyages during a specific
period only.
time provisions Clauses in a contract that determine when various obligations must be
performed.
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time rate Rate of pay which is calculated as so much per hour or other measure of
time.
timeshare Form of licence over property where someone buys the right to occupy
a property, such as for the same week or two weeks every year. This is
widely used for holiday accommodation. A more substantial form is
shared ownership.
For local authority taxation, a timeshare property is always regarded
as business premises, and is subject to business rates rather than council
tax.
Times, The National newspaper. It carries law reports that may be cited as [Names
of parties] The Times [date of publication]. Past cases can be accessed
on its website on payment of a subscription.
time sheet Record of when an employee or worker starts and stops work, and
(sometimes) what the employee does.
A timesheet can be used to determine payment, such as for a
temporary worker, or how much to invoice clients, such as in a
professional body such as a firm of accountants or lawyers.
Time to Pay Scheme offered by the tax authorities to help a person pay arrears of
tax.
time work Basis used for determining whether the national minimum wage
(NMW) regulations have been followed. This is the commonest of the
four bases used.
Under the time work basis, the worker must be paid at least the
NMW multiplied by the number of hours worked in a pay reference
period.
For this purpose, hours at work include:
● time at work actually working;
● time spent at work when available for work but prevented
from doing so;
● training during normal working hours;
● travelling in the course of work (but not normal commuting);
and
● when on standby or on-call at or near the place of work and
must stay awake.
Hours at work do not include:
● rest breaks, including tea breaks;
● when the worker is on standby or on-call at home;
● when the worker is on standby or on-call anywhere, but is
allowed to sleep;
● normal commuting to and from work;
● training outside working hours.
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tip Gratuity or amount voluntarily provided for service. In the UK, tips are
traditional for waiters, taxi drivers, hairdressers and in a few other
areas.
Titanic clause American term for a clause in a will that determines how an estate is to
be distributed if a beneficiary dies very soon after the testator. It is
named after the Ship that sank in 1912, in allusion to the fact that many
family members may die together in a common accident.
title deed The legal document that not only identifies the owner of a property but
also other details about the property and the land it is built upon. This
will be kept by the lender until your borrowing and interest on that
borrowing has been repaid.
title sponsor Business jargon for a business that will readily sponsor things to boost
its reputation or standing.
tobacco Cured leaves of any plants of the Nicotania species. Tobacco has
attracted tobacco duty since 1565.
Tobacco products are also subject to VAT at the standard rate.
tobacco allowance Amount of tobacco products that an individual may personally import
from a non-EU country without having to pay any additional taxes.
From 1 January 2010, the allowance is basically 200 cigarettes or 50
cigars or 250 gram of tobacco.
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token amount Small amount which indicates value but not worth. Under English
contract law, a buyer must provide consideration. A business may
therefore be bought for a token amount of £1 to establish a legal
contract.
token charge Small charge, particularly which does not cover the cost of whatever is
supplied but which is made for another reason, such as to maintain the
right to make charges.
token payment Small payment whose main purpose is to acknowledge a debt, rather
than to reduce it. Someone with serious debt problems may pay £1 a
month to creditors to acknowledge that the debt is still owed. This
prevents the debt becoming statute-barred.
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token rent Small payment of rent. It is usually paid merely to establish a legal right
than to cover the genuine cost.
tolerance For PAYE, an amount of underpayment that HMRC does not pursue.
This figure has been £50 for many years except for a period from
September 2010 to March 2011 when it was temporarily increased to
£300 to help clear a backlog of tax reconciliations.
toll Payment to use a service, such as for a bridge or tunnel. A toll usually
arises either to repay the capital cost of providing the service used, or as
the result of an ancient right.
Tolley tax annuals Annual set of annuals for the main taxes and for tax-related topics,
published by Tolley Publishing Ltd, part of Lexis Nexis.
Tolpuddle martyrs Six farm labourers who were deported for trade union activities in
1834. Tolpuddle is in Dorset.
Tomlin order Court order that gives legal effect to a compromise agreement between
the parties. The name comes from such a direction issued by Mr Justice
Tomlin in 1927.
ton mile Unit of measure used for charging freight to be carried on canals, as so
much per ton per mile.
tone at the top Term used in APB ES 1 to indicate by example and setting of internal
culture the ethical standards of an audit.
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tonnage tax Optional method by which shipping companies may ring-fence their
profits from shipping activities. Such activities are then taxed according
to the tonnage of the ships and are not subject to corporation tax. For
example, tonnage tax is 60p a day for each 100 tones up to 1000 tons.
The ships are also not taxed on their chargeable gains or losses.
A company must elect to use tonnage tax. There are many
conditions that must be satisfied.
The law is in Finance Act 2000 Sch 22.
Guidance is given in the Tonnage Tax Manual, under reference
TTM.
tonne Unit of weight equal to 1000 kilograms. This is about 2204 pounds,
which is slightly less than the imperial ton which is 2240 pounds.
too big to fail (TBTF) Term coined for financial institutions whose collapse would lead to
serious national consequences and which therefore require government
backing when they get into difficulties.
The term was coined when Northern Rock reported difficulties in
late 2007.
too good to be true One of the hallmarks of a tax planning scheme of which taxpayers are
advised to be wary.
tools of trade Essentials to a person’s work which cannot be seized from a bankrupt.
toothbrush scheme VAT avoidance scheme which was ended on 1 December 1994.
Traders who make both taxable and exempt supplies are restricted
on the partial exemption rules on the amount of input tax they may
claim back unless their turnover was below the then limit of £600 a
month. So many wholly exempt traders made some nominal sales of
taxable products to come within the scope, and thus be able to claim
back all their input tax. The term comes from dentists who avoided
partial exemption by selling standard-rated toothbrushes.
The scheme was ended by imposing a second condition that the
taxable supplied must account for at least 50% of supplies.
The irony is that many dentists found that sales of toothbrushes and
other dental products were appreciated by patients and contributed
usefully to their profits.
top dog Master, or most important person. The term is often used derogatively
to mean a person who has appointed himself to this status.
top hat pension Pension scheme adapted for the most senior levels of an organisation.
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total absorption costing In management accounting, the method of absorption costing where
every overhead is considered in determining the price of the goods or
services offered.
total account Account which records totals taken from a ledger or prime book of
account, and does not record each transaction separately.
total assets Aggregate of fixed assets, current assets and other assets such as long-
term investments and goodwill.
total assets turnover ratio Accounting ratio which indicates how a business uses its assets. The
figure is calculated as sales divided by total assets.
total borrowing The total amount a person has actually borrowed on their account.
Total Borrowing = Agreed/Total Facility - Additional Borrowing.
total debtors account The account which records the total amounts owed by debtors. It is
calculated by adding the total for new debts and subtracting a total of
cash received against debts, rather than by ascertaining how much is
owed by each debtor.
total income Total of all income which is subject to income tax (Income Tax Act
2007 s23).
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total intestacy When no property can pass on a person’s death under the terms of the
will, either because the person made no will, or the will is not valid. In
such a case, the property passes under the Administration of Estates Act
1925 and subsequent legislation as if the deceased was intestate.
total invoice value Total amount on an invoice, including all additions such as postage and
VAT.
totalisator For pool betting duty, “a machine or instrument used for pool betting
calculations, whether mechanically operated or not” (Customs notice
147).
total return The combination of capital growth and reinvested income at the end of
any given period. Total return performance figures are always stated on
an offer-to-bid price basis.
totting up Legal proceedings whereby minor offences are allocated points and a
penalty is only imposed when a specified total is reached. The
commonest example is being banned from driving on having 12 points
imposed.
toujours perdrix French: partridge every day. An expression that means “too much of a
good thing”.
Tour Operator A travel agent acting as principal, including those acting as undisclosed
agents; or a person providing, for the direct benefit of a traveller,
services of a kind enjoyed by travellers and commonly provided by tour
operators or travel agents.
towage Generally zero-rated under Value Added Tax Act 1994 Sch 8 Group 8.
town-cramming Practice of trying to put too much buildings on the land available.
town gas Coal gas produced by a local authority until the gas industry was
nationalised in 1948.
TPS Report Document used in software engineering to describe the procedures and
processes for testing the system. The letters stand for Transaction
Processing System.
Once a quota has been exhausted, the commodity may still be imported,
but duty or levy must be charged at the non-quota rate.
tracker fund In investing, fund which is designed to track an index, such as FT-SE
100 index.
tracking device Device which is attached to a car in a place not known even to its owner
and which can locate the car if stolen.
track record Record of how well a fund, person or organisation has performed. The
term comes from sport.
trade Commercial activity. The term has never been exhaustively defined for
legal or tax purposes, but most applications follow a Royal Commission
report which identified six badges of trade. These involved
consideration of:
(a) subject matter of realisation;
(b) length of ownership;
(c) frequency of transactions;
(d) supplementary work;
(e) circumstances which were responsible for the realisation;
and
(f) motive.
For example, the sale of a person’s car is not a trade, even if he has
worked on it. However reselling cars can become a trade, particularly if
it happens frequently and there seems to be a pattern of trade.
Similarly VAT is only charged on trading activities, not on income
from other sources such as a hobby.
trade For tax, “includes every trade, manufacture, adventure or concern in the
nature of trade” (Taxes Management Act 1970 s118(1)).
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trade association “Organisation formed for the purpose of furthering the trade interests of
its members, or of persons represented by its members” (Companies
Act 2006 s375(2)).
Payments to such bodies are not regarded as political expenditure,
even if the trade association engages in political activity.
The VAT position is explained in VAT leaflet 701/5.
trade barrier Limit imposed by a government which restricts trade between that
country and other countries. The commonest example is a restriction on
imports.
trade bill Bill of exchange issued between two companies which trade with each
other. One company endorses the other’s bills.
trade classification Four digit code which classifies the nature of different businesses. From
1990, such a code is allocated when a company registers at Companies
House. The code is also used for VAT purposes.
The first two digits indicated the Group of activity. For example 00
indicates agriculture, forestry and fishing. Trade classification 0011 is
livestock farming.
trade controls “In relation to any goods, means the prohibition or regulation of:
(a) their acquisition or disposal;
(b) their movement; or
(c) activities which facilitate or are otherwise connected with their
acquisition, disposal or movement (Export Control Act 2002 s4(2)).
trade counter Counter in a shop which is reserved for supplying businesses rather
than consumers.
trade credit Normal trading terms offered by a company to its customers, such as
where invoices are issued for payment at the end of the month.
trade creditors Persons who supply goods or services to a business in the normal
course of trade and allow a period of credit before payment must be
made.
trade cycle The trade cycle is the fluctuations in the rate of economic growth that
take place in the economy. These fluctuations appear to occur around
every five years and have probably occurred ever since economies have
occurred! It is the aim of all governments to try to dampen the effects of
the trade cycle and get more balanced long-term growth, but so far they
have had limited success. The peak of the trade cycle is usually referred
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trade debt Sum owed by one business to another from normal trading activities.
trade debtors Persons who buy goods or services from a business in the normal
course of trade and are allowed a period of credit before payment is
due.
trade description Description of a product or service offered for sale. It is an offence for
this description to be false or misleading.
trade dispute Dispute between workers and their employer. Provided the dispute is
within a legally defined range of issues, the workers have protection
from being sued for tort.
Trade Disputes Act Law passed in 1927 which made sympathetic strikes illegal. The Act
was repealed in 1946, though sympathetic strikes have again been made
illegal.
traded option An option which may itself be bought and sold as a security.
traded services In management accounting, a service that has a zero budget and has to
generate sufficient income from the delivery of services to paying
customers to cover their total costs.
trade dispute “A dispute between employers and workers, or between workers and
workers, which is connected with one or more of the following matters:
(a) terms and conditions of employment, or the physical conditions
in which any workers are required to work;
(b) engagement or non-engagement, or termination or suspension of
employment or the duties of employment, of one or more workers;
(c) allocation of work or the duties of employment as between
workers or groups of workers;
(d) matters of discipline;
(e) the membership or non-membership of a trade union on the part
of a worker;
(f) facilities for officials of trade unions; and
(g) machinery for negotiation or consultation, and other procedures,
relating to any of the foregoing matters, including the recognition by
employers or employers’ associations of the right of a trade union to
represent workers in any such negotiations or consultation or in the
carrying out of such procedure”
(Trade Union and Labour Relations (Consolidation) Act 1992 s218 and
s244).
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traded option Option that is a security in its own right, as against a traditional
option.
The capital gains tax implications are given in Taxation of
Chargeable Gains Act 1992 from s143.
Trade Facility Warehouse Approval is restricted to the specific needs of an export shop. The
qualifying criteria of a general storage and distribution warehouse, is
not required for this type of warehouse.
trade fixture Fixture attached to a property by a tenant for the purpose of a trade. The
tenant may remove trade fixtures at any time during the tenancy.
trade income relief Carry-forward trade loss relief plus terminal trade loss relief
(Income Tax Act 2007 s95(3)).
trade in question Term used in Income Tax Act 2007 s294(5) in relation to VCT relief.
It refers to the trade of the company in which funds are invested,
and means either the trade itself or preparations for a trade. Such a trade
must not be in an area which is excluded from relief.
trade investments In the context of controlled foreign companies, “means securities any
profit on the sale of which would not be brought into account as a
trading receipt in computing the chargeable profits of an accounting
period in which that profit arose” (Income and Corporation Taxes Act
1988 Sch 25 para 11(5)).
trade mark Name, logo or similar which identifies the make or model of a product
(Trade Marks Act 1994).
trade name Name which identifies the make or model of a product or service.
trade-off Negotiation where one liability is set against another. The plural is
trade-offs.
trade payables Amounts due to suppliers (trade creditors), also called accounts
payable.
trade price Price at which a business is prepared to sell its products or services to
someone in a particular trade or in business generally.
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trader Person who buys or sells items for profit in the course of a trade.
trade receivables Amounts due from customers (trade debtors), also called accounts
receivable.
trade secret Knowledge used in a business which judges that public knowledge
would be harmful to its commercial interests. A business is generally
not required to disclose such a secret in any legal proceedings or tax
investigation.
trade union activities Work undertaken by an official of a trade union in that capacity but not
including any industrial action (Trade Union and Labour Relations
(Consolidation) Act 1992 s170). The official has the right to paid leave
for such work under ibid s168.
trade value Value of an item as a trader’s stock. The term is widely used for
second-hand cars.
trading account Any account which shows the pattern of trading for a period. The most
common form is the profit and loss account.
In older forms of bookkeeping, a separate trading account was
prepared. The profit and loss account was credited with the gross profit
from the trading account.
trading estate Area of land designated for the purpose of commercial activities.
trading financial assets Financial assets held for the purpose of producing a profit.
trading group “A group the business of whose members, when taken together,
consists wholly or mainly in the carrying on of a trade or trades”
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trading income Term used for income tax purposes for the profits from a trade. Before
6 April 2005, this was known as Schedule D Case I.
The term is used in the Inspectors’ Manual from BIM40051. This
states that the term includes “most receipts in the hands of a person
carrying on a trade etc... from the disposal of trading stock, provision of
services etc”. In marginal cases, two questions should be asked:
• does the sum at issue arise from the trade at all?
• if it does, is it a capital or revenue item?
trading interest Interest paid by a company on loans to fund its trading. Such interest is
an allowable tax deduction in the loan relationship rules of
Corporation Tax Act 2009 Part 5.
trading justice Term used in 18th century for people who sought the office of justice
of the peace (magistrate) primarily to advance their trading interests.
trading loss Loss which a business sustains from its trading activities.
“Loss made in a trade in the surrender period” (Corporation Tax Act
2010 s100(1)). S100(2) goes on to exclude a loss made overseas and
some other reliefs.
trading partner Person, business or country with whom a person engages in trade.
trading profit Profit which a business earns from its trading activities.
trading requirement Requirement that a tax relief for investment in a company depends on
that company trading, particularly the condition for EIS relief set out in
Income Tax Act 2007 s181.
trading stamp Special stamp issued by a shop according to the value of purchases
made. These are collected in books which may be redeemed for goods
or cash.
trading stock Stock and property used to make the goods or services of a business
(Income and Corporation Taxes Act 1988 s100(2)).
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trading test Test designed to determine whether an activity is taxable as a trade. The
term is particularly used in relation to illegal activities. It is discussed in
the Inspectors’ Manual at BIM22007.
trading with the enemy Making a commercial arrangement with a person, public body or
commercial organisation based in a country with which the UK is at
war. It is a criminal offence under Trading with the Enemy Act 1939.
traditional option Right to acquire a share or security at a future date, usually at a price
already agreed. A traditional option is not itself a saleable security,
unlike the traded option.
traditional taxes Term for taxes that were levied without Parliamentary approval, even
though this has been required since Magna Carta 1215. The last two
such taxes were tunnage and poundage which were given statutory
recognition in 1658.
train fares Zero-rated under Value Added Tax Act 1994 Sch 8 Group 8.
training Activities which are designed to make a person able to perform certain
duties or occupations. It differs from education in being related to
specific work.
Work-placed training may be exempt from the rules about taxable
benefits in kind under provisions in Income Tax (Earnings and
Pensions) Act 2003 from s250.
Training Agency (TA) Name briefly given to what was the Manpower Services Commission
in 1987 before it was wound up in 1990.
TECS were abolished in 2001 under Learning and Skills Act 2000.
Their functions were taken over by the Learning and Skills Council
and its Welsh equivalent. This was itself abolished in 2009 and its
functions transferred to Young Peoples Learning Agency.
training levy Sum which certain businesses must pay to a training board in their area
of business.
training materials “Includes stationery, books or other written material, audio or video
tapes, compact disks and floppy disks” (Income Tax (Earnings and
Pensions) Act 2003 s254(3)).
The provision of such materials as part of work-related training may
be exempt from tax.
training mode Term used in EPOS systems used by retailers to train check-out staff.
This allows the equipment to be used to check-out purchases in the
normal way but without entering the details as genuine sales.
training officer Person who oversees the training of staff within an organisation.
training-related asset Asset used in relation to work-related training, and whose provision by
an employer may be exempt from income tax (Income Tax (Earnings
and Pensions) Act 2003 s254(2)).
transaction at undervalue
The Pensions Regulator may make a restoration order under
Pensions Act 2004 s52.
transaction charge charge made by a bank for each transaction, in addition to any account
maintenance charge.
transaction costs Costs which are directly related to specific transactions, particularly
buying and selling assets. Such costs include delivery, installation,
instruction into use and commissions.
transaction date Date on which a transaction is regarded as taking place. This can be
important for determining the period in which it is taken into the
accounts and subject to any tax implications.
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transfer case File made of tough paper used for storage of bulk documents.
transfer controls “In relation to any technology, means the prohibition or regulation of its
transfer:
(a) by a person from a place within the United Kingdom to a person
or place outside the United Kingdom;
(b) by a person or from a place outside the United Kingdom to a
person who, or a place which, is also outside the United Kingdom (but
only where the transfer is by, or within the control of, a United
Kingdom person);
(c) by a person or from a place within the United Kingdom to a
person who, or a place which, is also within the United Kingdom (but
only where there is reason to believe that the technology may be used
outside the United Kingdom); or
(d) by a person or from a place outside the United Kingdom to a
person or place within the United Kingdom (but only where the transfer
is by, or within the control of, a United Kingdom person and there is
reason to believe that the technology may be used outside the United
Kingdom).
(Export Control Act 2002 s2(2)).
transfer date Date on which assets are transferred. This date can be important for
capital gains tax and inheritance tax in determining such matters as
period of ownership and the rate of tax payable.
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transfer fee Amount paid to secure the services of a sportsman in a team. Such fees
are particularly common in football.
The sums represent an intangible asset for the sports club. As such
the sum must be accounted for under the provisions of FRS10. For tax
purposes, the amount is regarded as any other capital asset. Before
1999, clubs were allowed to regard such expenditure as revenue. That
has now been outlawed. However, Finance Act 1996 s63 introduced a
transitional provision for transfer fees after 31 March 2002. The matter
is discussed in the Inspectors’ Manual at BIM34090.
transfer journal Term for an ordinary journal to distinguish it from other books of
account which function as a journal.
transfer of business assets Transfer of assets used by a business but which fall short of transferring
the entire business.
For capital gains tax, the tax treatment is given in Taxation of
Chargeable Gains Act 1992 from s152.
transfer of property For capital gains tax of trusts, this is given a specific meaning in
Taxation of Chargeable Gains Act 1992 s68B(2).
transfer of residence Customs term for when a person relocates to the UK. Generally, goods
(including cars) that accompany a relocated person are free of duty,
subject to some conditions (Customs notice 3).
transfer of risk The point at which a risk legally passes from one person to another,
such as in the sale of goods.
transfer of shares The point at which legal title to a share passes to another person. For
private companies this may be subject to legal restriction.
The process involves a contract to sell, delivery of share certificate
(or electronic equivalent) and amendment in the company register. It is
at the last stage that the shares are transferred.
Note that a transfer requires action by the owner. In other cases,
such as on death of a shareholder, there is said to be a transmission of
shares.
transfer of value “A disposition made by a person (the transferor) as a result of which the
value of his estate immediately after the disposition is less than it would
be but for the disposition; and the amount by which it is less is the value
transferred by the transferor (Inheritance Tax Act 1984 s3(1)).
transfer on same day Inheritance tax provision set out in Inheritance Tax Act 1984 s266(2).
This is an exception to the general IHT rule that transfers are
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transferor by delivery Where the holder of a bill of exchange payable to bearer negotiates it by
delivery without indorsement (Bills of Exchange Act 1882 s58(1)).
transfer payments Transfer payments are payments for which no good or service is
exchanged. This includes things like benefits, pensions and lottery
payments. A significant proportion of government expenditure is on
transfer payments.
transfer provision Enactment that allows payment from the National Insurance Fund to
be made to a money purchase contracted-out pension scheme (Social
Security Contributions (Transfer of Functions, Etc.) Act 1999 s21).
transferred charge Where a charge which should be paid by one person is passed to
another, such as when a person agrees to pay for a telephone call to
him.
transfer transport “Transport by sea or air between the mainland of Great Britain and
Northern Ireland and the offshore installation ...” (Income Tax
(Earnings and Pensions) Act 2003 s305(3)).
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transhipment Moving goods from one vehicle to another to continue their carriage to
their final destination.
No duty is charged on transhipped goods, but Customs must be
satisfied that only transhipment is involved.
transit The movement of goods from one European Union (EU) Member State
to another without the need to 'enter' them to a customs procedure.
Transitional Assembly Assembly created in Northern Ireland before government was fully
devolved (Northern Ireland (St Andrews Agreement) Act 2006 s1(1)).
transitional provision Any provision which allows a new rule to be phased in to minimise its
impact.
Transitional provisions are widely encountered in tax law to
minimise a significantly larger tax burden which could fall on some
taxpayers on a change in the tax system.
transitional relief Informal term for the provisions of Inheritance Tax Act 1984 s7(4). A
potentially exempt transfer escapes inheritance tax if the transferor
lives for another seven years. It is fully taxed at the death rate if the
transferor dies within three years. Between those periods, relief is given
at 20%, 40%, 60% and 80% for deaths after three, four, five and six
years respectively.
transit procedure One of several Customs procedures which may be applied to goods
presented to Customs on being imported.
The procedure permits either external transit or internal transit.
External transit allows goods to move within the EU without being
subject to duties or other restrictions. This ends when the goods arrive
at their final destination. Internal transit allows the goods to pass
through a third country to a final destination in another EU state.
transit shed Place near an approved wharf where imported goods may be held
pending payment of customs duties.
There are also enhanced remote transit sheds away from ports and
airports, and which are subject to stricter security requirements.
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translation exposure Risk that a financial position will be adversely affected by movements
between currency rates.
transmission facilities For capital allowances, the sharing of such facilities by broadcasting
companies is addressed in Finance Act 1991 s78.
transparency Openness.
In tax, this means that transactions are what they appear to be.
In law, this means fairness in legislation and openness in trading.
transparent entity An entity that is resident in another EU state and has no ordinary share
capital or would otherwise not be treated as a company if it were
resident in the UK. As such it falls outside the scope of the Mergers
Directive.
The full definition is given in Taxation of Chargeable Gains Act
1992 s140L(1)(c).
transport Category of supplies which are zero-rated under Value Added Tax Act
1994 Sch 8 Group 8.
Not all transport services are zero-rated, so care needs to be taken to
ensure that a service is within the scope.
The main zero-rated categories are:
● public transport in a vehicle which can carry at least 10
passengers;
● international transport in a vehicle of any size.
This Group also zero-rates some vehicles, broadly:
● a ship weighing at least 15 tons and not being primarily for
recreation or pleasure;
● a lifeboat, houseboat or boat adapted for a disabled person, of any
size;
● hovercraft, on the same basis as ships except that there is no
weight condition;
● aircraft of at least 8000 kg which are not primarily for recreation
or pleasure.
Some services to ships and aircrafts are also zero-rated. These include
repairs to ships and aircrafts which are themselves zero-rated.
transport voucher “Ticket, pass or other document or token intended to enable a person to
obtain passenger transport services (whether or not in exchange for it)”
(Income Tax (Earnings and Pensions) Act 2003 s84(3)).
transsexual Person who believes he belongs to the opposite sex to that in which the
birth was registered. A person retains their birth sex until given a
gender reassignment certificate.
travaux préparatoires French: preparatory work. Work undertaken before passing laws.
travel For income tax, expenses incurred in business travel are generally
deductible from taxable income. Expenses incurred in commuting to a
normal place of work are not. A leading case is Newsom v Robertson
[1952].
There are many exceptions to these general rules, and much case
law on how they apply in practice. Some of these matters are discussed
in the Inspectors’ Manual at BIM37935.
For employment income, travel in the performance of duties is
generally allowable (Income Tax (Earnings and Pensions) Act 2003
s337), but ordinary commuting is not (ibid s338).
travel concession Any provision which allows a person to use public transport for less
than the full fare.
This particularly applies to free bus passes provided under
Concessionary Bus Travel Act 2007.
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traveller’s cheques Documents bought from a bank which may be exchanged in different
countries for a stated value in the local currency.
travel plan In tax, a salary sacrifice scheme whereby taxable earnings are replaced
by a tax-free or tax-advantaged benefit.
treachery Conduct that assists an enemy. Such offences are now dealt with under
Official Secrets Act.
treason Criminal offence of conspiring against the state under Treason Act
1351, which remains in force though amended.
An auditor, tax adviser or anyone else who discovers evidence of
treason must report it. This overrides any duty of confidentiality.
Failure to report is itself an offence.
The last case of treason in Britain was in 1948.
Treasury Secretary (1) In USA, the member of the government with overall responsibility
for the nation’s finances.
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Treasury shares Shares in a company that the company itself acquires with a view to
resale. The legal provisions are set out in Companies Act 2006 Chapter
6 from s724.
Such shares do not represent a reduction of capital. The value of
Treasury shares may not exceed 10% of the nominal value of the issued
share capital of the company.
treaty Agreement between two states. Many double taxation agreements are
treaties.
TRG3 Part of the Tax Return Guide that gives advice on capital gains tax.
trial balance List of debit and credit balances taken from nominal ledger or
(occasionally) prime books of account. The final accounts are prepared
from the trial balance.
If every transaction has been recorded by equal and opposite debits
and credits, it follows that the total of all debits equals the total of all
credits.
A list which does not balance is therefore wrong. The converse is
not true, in that a list which does balance is not necessarily right. If a
transaction is completely omitted, or recorded the wrong way round, or
where one side is posted to the wrong account, the trial balance will still
balance.
The figures in the trial balance are then allocated either to the
balance sheet or profit and loss account to produce the financial
statements.
triangulation Where goods are moved directly from a supplier in one European
Union (EU) Member State to the final customer in another Member
State, on the instructions of an intermediate party located in a third
Member State. The VAT implications are set out in VAT notice 725.
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tribunal Forum for resolving issues that do not require the formality and expense
of a court trial. Most tax issues are addressed before a tribunal.
tributes Earliest form of taxation. Originally, they often took the form of
tributes to priests, usually in kind.
trigger In tax legislation, this means a set of circumstances which bring a tax
provision into effect.
In particular the term was used for anti-avoidance provisions which
applied when trading profits changed from previous year basis to
current year basis.
trinoda necessitas Latin: necessary service. The ancient duties to maintain highways, build
castles and repel invaders.
Triple assessment (1798) The precursor to income tax introduced the following year. This
used the individual’s taxable establishment as the basis of tax for three
years (hence the name), or up to five years. An individual could apply
for a lower assessment on the basis of actual income. This was 10% for
annual incomes above £200, with a sliding scale between £60 and £200,
and exemption below £60. The tax failed because of the unreliability in
determining individual bases.
triple guarantee Term used in June 2010 Budget in relation to the state pension. It
guarantees that the state pension will, from 2012, rise by the highest of
price inflation, wage inflation and 2.5%. Price inflation is measured by
CPI.
trover Old name for the offence now known as conversion of goods.
troy ounce Imperial measure of weight still used for jewels and precious metals.
The name comes from Troyes in France. It is abbreviated to “ozt”.
A troy ounce equals 31.1034768 grams. There are 12 troy ounces to
a troy pound, though this latter measure is outlawed.
A troy ounce comprises 20 pennyweight (dwt) and 240 grains.
Truck Acts Laws passed in 1831, 1887, 1896 and 1940 which outlawed the practice
of employers paying employees in truck tokens which could only be
spent in their own shops. The laws required workers to be paid in coins
of the realm. The Acts also disallowed unlawful deductions from
wages.
These laws were not finally repealed until 1986, though amended in
1960 by Payment of Wages Act. The law on unlawful deductions is
now found in Employment Rights Act 1996.
truck tokens Tokens for small amounts of money issued by companies and other
organisations in 18th and early 19th centuries. Partly this was to fill the
gap from a lack of low value coins. Employers soon realised the value
of paying workers in coins which could only be used in their own
shops. This practice was ended by the Truck Acts 1831 to 1940 which
required workers to be paid in coins of the realm.
true and fair The main criterion which accounts must legally meet in the UK and
Republic of Ireland.
The duty became part of UK company law in Companies Act 1948
s149. It was adopted by the European Union in the Fourth Council
Directive 78/660/EEC.
Statement of Principles for Financial Reporting says in para 10:
“The concept of a true and fair view lies at the heart of financial
reporting in the UK and the Republic of Ireland. It is the ultimate test
for financial statements and, as such, has a powerful, direct effect on
accounting practice. No matter how skilled the standard-setters and
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law-makers are, it is the need to show a true and fair view that puts their
requirements into perspective.”
Points to note about “true and fair” include:
● its scope changes over time;
● it requires financial statements to contain information
“sufficient in quantity and quality to satisfy the reasonable expectation
of the readers to whom they are addressed” (Statements para 12).
The exact meaning of this expression was the subject of a legal
opinion from Martin Moore QC in 2008 in the light of recent
developments in accounting standards. He confirmed the centrality of
“true and fair” in accounting standards as set out in previous opinions
by Dame Mary Arden in 1993 and by Lord Hoffman and Arden in
1983.
true and fair view Requirement of UK company law for UK companies not using IASB
system.
true bill Old term for something of which there is sufficient evidence.
The term comes from the practice of the criminal assize of
confirming that there was a true bill, which meant enough evidence to
hear a case.
true copy Exact copy. It is common practice for an accountant or lawyer to certify
a photocopy of a document as being a true copy to enable a person to
open a bank account or otherwise prove his identity.
true gravity The gravity of beer calculated in accordance with regulations produced
by the Commissioners. The true gravity is accepted as the gravity for
the purpose of calculating beer duty.
true odds In gambling, real odds of something happening as opposed to what the
bookmakers offer.
Trueblood Report The report whose proper title is Objectives of Financial Statements
published by the American Institute of Certified Public Accountants in
1971. It determined the conceptual framework on which future
American accounting standards were based.
trust (1) Arrangement whereby one person holds property for the benefit of
another.
A trust requires three parties:
• a settlor, who provides the trust property;
• trustees, who legally own that property; and
• beneficiaries, who are entitled to the beneficial interest of the
trust property.
It is possible for two (but not all three) parties to be the same. So a
trustee may also be a beneficiary, for example, though there are
additional ethical requirements in such cases.
A trust also requires trust property, which is money, property or
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other assets.
An authoritative definition is “an equitable obligation, binding a
person (called a trustee) to deal with property (called trust property)
owned by him or a separate fund, distinct from his own private property
for the benefit of persons (called beneficiaries or, in old cases cestuis
que trust), of whom he may himself be one and any one of whom may
enforce the obligation: any act or neglect on the part of a trustee which
is not authorised or excused by the terms of the trust instrument, or by
law, is called a breach of trust.” (Law of Trusts and Trustees, by
Underhill and Layton).
HMRC gives “a simple definition from a legal viewpoint” in the
inspectors’ manual at TSEM1010:
“A trust is a disposition of property to a person (trustee) or persons
jointly (trustees) in whom the legal title then vests in the confidence
that the benefits will be applied to the advantage of one or more other
persons (beneficiaries) or some other object permitted by law.”
A more complex definition is: “‘A trust… is the relationship which
arises wherever a person called the trustee is compelled in Equity to
hold property, whether real or personal and whether by legal or
equitable title, for the benefit of some persons (of whom he may be
one…) or for some object permitted by law in such a way that the real
benefit of the property accrues, not to the trustee, but to the
beneficiaries or other objects of the trust’ (Law of Trusts, 9th edition –
Professor Keeton).
Capital gains tax implications are given in Taxation of Chargeable
Gains Act 1992 s65.
(2) In the USA, the word means a monopoly.
trust corporation Company set up primarily to act as a trustee. Such companies are often
subsidiaries of banks and insurance companies.
A trust corporation can act alone in areas which would otherwise
require two trustees, such as giving a valid receipt for selling land.
trust deed (1) A legal document which establishes and governs the operation of a
trust. Although not a legal requirement, a deed is usual for all but the
simplest trusts or those created otherwise (such as by a will).
(2) In Scotland, a voluntary arrangement for payment of creditors by an
insolvent person.
trustee Person who holds property in trust for the benefit of another.
In general, a trustee may be any adult aged 18 or over, or any other
form of legal person, such as a limited company. A trust corporation
often acts as a trustee.
There must be at least one trustee, but there is no upper limit. For
land, the minimum is two individual trustees though a trust corporation
may be a sole trustee. For a trust of land, the maximum is four trustees.
The duties of trustees are largely set out in Trustee Act 2000 in
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trustee de son tort Person who interferes in a trust without authority. He can made liable as
if he were a trustee.
trustee in bankruptcy Insolvency practitioner who deals with the property of a bankrupt.
trustee insurance Insurance which protects the trustees or equivalent of a church against
them personally when the trustees were acting in good faith.
trustee’s return Statement which trustees are required to make under Taxes
Management Act 1970 s8A to HMRC to allow the trust’s tax liability to
be determined.
trustees’ expenses Expenses of members of a trust’s body. This figure must be separately
disclosed in the annual report.
A TBM is created:
• under the will of the deceased parent of the minor,
• under a statutory trust arising on intestacy, or
• under the Criminal Injuries Compensation Scheme.
Such a trust qualifies as an 18-25 trust provided all the capital and
accumulated income passes outright to the beneficiary at the age of 18
or earlier. There is no inheritance tax charge if the assets are paid out
before the beneficiary is 18, and a reduced charge if aged between 18
and 25. The special gift relief of Taxation of Chargeable Gains Act
1992 s260 is available.
trust for saying masses Trust established to say masses for the deceased, particularly in the
Roman Catholic church.
As there is no personal beneficiary, this is a trust of imperfect
obligation unless the mass is public.
trust for the disabled A trust that is taxed as an interest in possession trust and not as a
discretionary trust. These provisions were introduced from 22 March
2006 when most IIP trusts became discretionary trusts.
trust fund Money that is owned by trustees for the benefit in beneficiaries.
Trust funds may be nominal trust funds or substantive trust
funds.
trust instrument Document by which a trust is created. This is most commonly a will or
a trust deed.
trust period Period for which a trust is allowed to exist. Charitable trusts may live
for ever. Other trusts have a maximum life of 80 years. A trust deed
may identify default beneficiaries who are entitled to the trust fund
when the trust ceases to exist.
trust property Property held by a trust. It is owned by the trustees for the benefit of
the beneficiaries.
trusty system System used in prison labour whereby trusted prisoners were given
oversight of their fellow workers. The term particularly applies to the
system used in Mississippi from 1903 to 1971.
TTC Tax Type Code - numeric code identifying the type and rate of VAT
and Customs and Excise duties payable. See Tariff Volume 3 Appendix
C7 for more information.
tuition assistance Benefit in kind provided to an employee whereby the employer pays all
or some of the cost of the employee receiving tuition.
tunnage and poundage Two traditional taxes that were put on a statutory basis in 1658.
turkey For VAT purposes, turkeys for eating are zero-rated, but ornamental
turkeys are standard-rated. VAT notice 701/15 defines the former as
including Beltsville White, British White, Broadbreasted White,
Bronze, Norfolk Black, and derivatives and crossbreeds of these.
turn Difference between the rates for equivalent services. For example, if a
bank leads at 7% and pays interest at 3%, its turn is 4%.
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turnover The sales of a business or other form of revenue from operations of the
business. Turnover is also called sales, revenue and similar. It is the
first item in a profit and loss account.
“In relation to a company, means the amounts derived from the
provision of goods and services falling within the company’s ordinary
activities, after deduction of:
(a) trade discounts,
(b) value added tax, and
(c) any other taxes based on the amounts so derived”
(Companies Act 2006 s539) in relation to audit.
Turnover is relevant is many areas of tax. These include:
• whether the business must register for VAT;
• whether it can claim some of the special provisions for small
and medium-sized enterprises;
• whether the business must pay corporation tax or VAT by
instalments.
For income tax and corporation tax purposes, turnover includes
irrecoverable VAT (such as on cars, personal expenditure and when the
business is not VAT-registered), but excludes recoverable VAT.
twenty pound note Legal tender bank note for £20 issued by the Bank of England.
The current version is Series F issued on 13 March 2007, and
depicting the economist Adam Smith.
The previous Series E note was issued on 22 June 1999 and
withdrawn on ..... It depicted the composer Sir Edward Elgar.
The Series D note was issued on 5 June 1991 and withdrawn on 16
March 2001. It depicted the scientist Michael Faraday.
Previous issues of “white” £20 notes were withdrawn on 31 May
1979.
The current £20 note has a purple square on it to assist those with
poor sight.
U
UAP Upper accruals point, for national insurance.
UB Unemployment benefit.
ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest
Latin: where anything is granted, that is also granted without which the
thing itself is not able to exist.
ubi jus ibi remedium Latin: where there is a remedy there is a right.
UITF abstract Statement from Urgent Issues Tax Force which has the force of an
accounting standard.
UK approval certificate In relation to taxation of company cars, this is defined in Income Tax
(Earnings and Pensions) Act 2003 s171(1).
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UK ASB system The accounting standards and company law applicable to corporate
reporting by UK companies that do not report under the IASB system.
UK-based earnings Term used in Income Tax (Earnings and Pensions) Act 2003 s25 to
describe income which arises from UK employment by a person who
also has chargeable overseas earnings.
UK-linked Tax term for a description of debt subject to tax provisions in Income
Tax (Earnings and Pensions) Act 2003 s33.
UK net debt In tax, a figure that is used in relation to worldwide debt cap as set out
in Taxation (International and Other Provisions) Act 2010 Part 7.
UK permanent establishment
In context of loss relief for companies, “any permanent establishment
through which [a company] carries on a trade in the United Kingdom”
(Income and Corporation Taxes Act 1988 s403G(6)).
UK property business loss “A loss made in a UK property business in the surrender period”
(Corporation Tax Act 2010 s102(1)).
UK Transit A procedure for moving goods under customs control when import or
export formalities are carried out away from the place of importation or
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UL Upper limit.
ultimate holding company Holding company which owns a company and all its other parent
companies. So if A owns B who owns C who owns D, A is the ultimate
holding company of B, C and D, each of whom must state this fact in
their published accounts.
ultra low sulphur petrol Unleaded petrol of which: (a) the sulphur content does not exceed 0.005
per cent by weight or is nil; and (b) the aromatics content does not
exceed 35 per cent by volume.
umbrella contract Term used for a contract that covers more than one provision. A
common example is in the cleaning industry when an umbrella contract
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covers the time when the worker is working and the time between
assignments.
umbrella scheme Authorised unit trust where participants’ contributions are put into
separate pools and where the participant may transfer between pools.
The capital gains tax implications are set out in Taxation of
Chargeable Gains Act 1992 s99A.
unadjusted trial balance Trial balance which has not been adjusted to reflect the usual end-of-
year adjustments such as for depreciation, accruals, prepayments and
closing stock.
unallocated cash Entry on a statement recording money received from a customer which
has not been allocated against outstanding invoices.
unallowable purpose test Provision in Corporation Tax Act 2010 s684 (as inserted by Finance
Act 2010) that may disallow tax relief for a transaction in securities.
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unappropriated profits Profits which have yet to be allocated as dividends or retained profit.
unappropriated surplus Term used in Income and Corporation Taxes Act 1988 s444AL(3) in
relation to the taxation of mutual life assurance business.
unauthorised Description of anything which has been done without the proper
authority.
unauthorised deduction In employment, any deduction from an employee’s pay which is not
authorised by the employee or by law. Under Employment Rights Act
1996 s13, such a deduction is unlawful even if the employee owes
money to the employer.
unauthorised overdraft Overdraft which the bank has not agreed in advance but is prepared to
allow, usually at a high interest rate and with hefty bank charges.
unauthorised shares Term used in Income and Corporation Taxes Act 1988 Sch 10 para 6 in
relation to profit-sharing schemes.
unbalanced Not balanced. Description of accounts where the figures do not add up
as they should. This indicates an error.
An unbalanced figure may be accepted if:
● the difference is small;
● there is no reason to believe that the difference is from two
larger amounts;
● there is no reason to believe that the difference indicates a
failure to keep proper records; and
● the cost of finding the difference is disproportionate to the
amount involved.
unborn widow Problem that once arose under the law for perpetuities.
A person may leave estate to a son then living, then to his wife (not
yet known), and then to their children. The wife may not even be born
at the time, and may outlive other beneficiaries by more than 21 years.
Before the law changed in 1964, such a bequest would be void.
uncalled Amount of share capital which the shareholder has yet to contribute. A
share may be sold for £2 payable in calls of 70p, 70p and 60p. If only
the first call has been paid, the uncalled balance is £1.30 per share.
uncalled share capital This term is defined in Companies Act 2006 s547 with the words “and
uncalled share capital is to be construed accordingly”. The rest of the
section defines called share capital. The presumption therefore is that
uncalled share capital is any share capital that does not come within the
statutory definition of called share capital.
uncleared cheque Cheque that has been issued but not cleared by the bank.
uncleared effects Payment made into your bank but which has yet to appear on the bank
statement.
uncommercial trade Trade which is not run on a commercial basis, such as a hobby. Losses
from such activity may not be offset against other profits (Income Tax
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unconsolidated subsidiary
Subsidiary company whose accounts have yet to be consolidated with
other group companies into consolidated accounts.
uncovered bear Someone short selling a security which he does not own in the
expectation of being able to buy it later at a lower price.
uncrystallised funds Funds held in respect of the member under a money purchase
arrangement that have not as yet been used to provide that member with
a benefit under the scheme (so have not crystallised), as defined in
paragraph 8(3) of Schedule 28 to the Finance Act 2004. These are
defined differently for cash balance arrangements. Here it is what funds
there would be if the member decided to draw benefits on a particular
date not the funds actually held in the cash balance arrangement at that
time..
undated bond Financial instrument which has no maturity date. Such a bond may
usually be redeemed at any time of the bearer’s choice.
unde nihil labet Latin: whence she has nothing. The term was mainly used before 1860
in respect of a widow’s rights to property.
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underlying inflation Rate of inflation which ignores some identified factors. The term is
most commonly used to describe the retail prices index but excluding
mortgage repayments. This is known as RPIX.
understate Express a figure at less than its true amount. This may arise from
caution or from a desire to represent a result as being better than it
would otherwise appear.
under the plough Description of farm land which is used to produce crops, including
fields which are currently fallow.
undervaluation Valuation of an asset at less than its true worth, such as when a bank
undervalues a property to justify a higher rate of mortgage interest.
undervalued (1) In accounts, description of an asset which is stated at less than its
full value.
(2) In human resources, description of a person who is (or who feels)
not properly appreciated.
underwriting An agreement by a fund manager to buy any unsold new issue of shares
in exchange for a fee.
underwriting Where an insurance company takes into account known facts like your
age, sex and health, in order to assess the likelihood of you making a
claim on the policy. Your insurance premiums are calculated after
taking these factors into consideration.
underwriting bar The amount to which the benefits pertaining to a member of a group
insurance scheme may increase without the need for further
underwriting.
underwriting year “Means the calendar year” (Finance Act 2007 Sch 11 para 3(9)).
undifferentiated income When income from more than source is regarded as coming from a
single source.
undischarged bankrupt Person who is bankrupt from which he has not yet been discharged. He
is under severe restrictions.
undistributable profit Net profit of a business which cannot be distributed as dividend or other
distribution.
undistributable reserve Fund held by a business which it may use for its business but which
cannot be distributed to shareholders. It is usually the same as a capital
reserve.
For net asset restriction, the term is defined in Companies Act
2006 s831(4).
undistributed profit Net profit which a company has decided not to distribute as dividends
to shareholders but to keep as retained profit.
the supplier must satisfy Customs that the method used is fair. A
publican to whom such beer is sold must be notified of the quantity of
beer on which duty has been paid.
Customs do not accept that there is undrinkable sediment in
polypins, mini-pins or bottle-conditioned beer.
undue influence Persuading someone to make a contract in a manner which goes beyond
what is lawful.
unearned income Income which is regarded as not being derived from the efforts of the
recipient. In its later years, the term investment income was usually
preferred.
Historically such income was subject to income tax at a higher rate
until the abolition of investment income surcharge from 6 April 1984.
Since then much unearned income has become taxed at lower rates than
earned income. The distinction is now largely irrelevant.
Earned income included all forms of investment income, rent,
licence fees and royalties (unless the taxpayer created the work).
unearned premium That portion of a premium already received by the insurer for which
protection has not yet been provided.
UNECE United Nations Economic Commission for Europe - one of the regional
commissions of the United Nations. UNECE was established in 1947
and it currently has fifty-five member states. Its main goal is to
encourage greater economic co-operation between member states,
mainly through the development of conventions, regulations and
standards.
unemployment compensation
US equivalent of jobseeker's allowance or unemployment benefit. The
compensation is paid under the US law of Social Security Act 1935.
Each state is responsible for its own programme subject to federal
guidelines.
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unexpired cost Net book value of a fixed asset which has yet to be written off to the
profit and loss account as the expense of depreciation.
unfair contract term A term in a contract which is unenforceable either because it seeks to
avoid liability for death, or because it is unreasonable. This provision
applies under Unfair Contract Terms Act 1977 but only where the term
appears in a standard contract issued by a business, and the customer is
a consumer.
unfair contract terms A printed term in a consumer contract which the business person seeks
to impose on the consumer.
Under Unfair Contract Terms Act 1977, such a provision is of no
effect if the contract term seeks to:
● avoid liability for death or personal injury (s2);
● avoid liability when the business is at fault (s3);
● unreasonably indemnify a third party (s4);
● restrict statutory liability for faulty goods (s5).
unfair relationship New Consumer Credit Act test from 6 April 2007, whose non-
compliance can make an agreement unenforceable.
unfavourable variance Variance from the budget which is to the financial detriment of the
business, such as lower sales or higher costs.
unfinished beer Beer that is not yet ready to drink but where beer duty may be payable
(Customs notice 226).
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unified management “Unified management does not arise solely because one undertaking
manages another” (FRS 2 para 12). See managed on a unified basis.
unified tax System of income tax used from 1973. This replaced the previous
system of allowing some income to be tax-free with a less complicated
system of taxing all income above various allowances.
uniform rate Term for basic rate of income tax used between 1894 and 1906.
unfunded debt Debt which requires no particular measures for its repayment. The term
is commonly used for short-term borrowing where the amount is
recoverable from an insurance claim.
uniform business rate Another name for unified business rate. [check]
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unilateral agreement Agreement made by one party who made an offer to anyone. This can
establish a valid contract, as was held in Carlill v Carbolic Smoke Ball
Co [1893].
unincorporated association
Body formed by individuals where the individuals remain fully liable
for the debts of the body.
union recognition Recognition of a particular trade union for the purposes of collective
bargaining by a particular employer. Such recognition is given by the
Central Arbitration Committee. The recognition may be compulsory
(imposed on employer) or voluntary (agreed with employer).
unique device identifier “An electronic equipment identifier which is unique to a mobile
wireless communications device” (Mobile Telephones (Re-
Programming) Act 2002 s1(2). It is an offence to change this identifier
or to possess equipment which can do so.
unique identifier Number engraved on back of photocard driving licences for security.
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unique users Unique users refers the number of distinct individuals, as determined by
unissued capital Capital which a company is authorised to issue but has not done so.
unissued stock Capital which a company is authorised to issue as stock (in the meaning
of equity capital) but has not done so.
unit (1) A single amount of an item, particularly one of an item offered for
sale.
(2) Premises or single entity which occupies it.
(3) Holding in a unit trust.
(4) Measure of extra pension added to state retirement pension under
the graduated pension scheme which ran between 1961 and 1975.
unit holder Person who holds a unit in something, such as a unit trust.
The term is used in Commonhold and Leasehold Reform Act 2002
s12 to mean someone who holds a commonhold unit.
unite Gold coin worth 20s minted between 1604 and 1612, worth 22s
between 1612 and 1619, and 20s again between 1625 and 1662.
United Kingdom means Great Britain and Northern Ireland” (Interpretation Act 1978
Sch 1). This definition was created on 12 April 1927.
United Nations An international organisation that acts as a forum for discussion and
regulates international relations. Head offices are in Geneva and New
York.
unit-linked endowment A fixed term savings plan with an element of life cover. Your savings
go into an underlying fund of investments like shares and the eventual
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unit load Any load, including groupage, which leaves the approved premises as a
single, identifiable unit intended for exportation.
uniting of interests Term used in some international accounting standards for merger
accounting.
unit of account (1) Currency or its equivalent which is used for accounting purposes.
(2) The type or size of packing in which the goods are sold, for example
packets of 20 cigarettes.
unit rated A Unit rate is often used in determining the premium for large (more
than 20 lives) group insurance schemes. In this basis of costing, the
Unit Rate is applied to the total benefits provided under the scheme.
The rate is determined with reference to banded membership data and
other underwriting adjustments. For group life insurance the rate is
usually expressed per £1000 of death benefit and for dependants
pensions per £100 of insured pension.
unit trust A trust set up as a pooled investment fund. The portfolio of investments
is unitised in order to allow investors to buy and sell units.
The capital gains tax implications are given in Taxation of
Chargeable Gains Act 1992 ss99-103A.
Unit trusts were subject to stamp duty before 16 March 1988.
Unity Pools Football pools during the war where the various companies combined
for the duration.
universal agent Person who has been given authority to act as agent for another person
on all matters.
universal credit Name introduced by the government in 2010 as the replacement for a
raft of means-tested social security benefits.
universal dummy The code QQ999999 that must be used by a paying agent when
reporting savings income that does not have its own identification
reference number for the security involved. Use of this number will
lead to the paying agent being audited by HMRC.
universal service order Order which may be imposed by the Secretary of State under
Communications Act 2003 s65 regarding obligations on provider of
radio, telephone and similar services.
UNIX Computer operating system, popular for running servers on the Internet.
unjust enrichment Concept in VAT under which a trader cannot claim back VAT if it
would “unjustly” enrich the trader, such as when claiming back output
tax on goods which are retrospectively held to be subject to a lower rate
of VAT, when that tax cannot be passed on to customers.
This provision was tested by Marks and Spencer in the Great
Teacakes Case, more properly known as Marks and Spencer plc v
Customs and Excise [2000] and subsequent years.
There is no converse concept of unjust impoverishment.
unjustifiably disciplined Any action taken by a trade union against a member for not taking part
in industrial action and similar as described under Trade Union and
Labour Relations (Consolidation) Act 1992 s65. The member has the
right not to be so disciplined under ibid s64.
unlawful Against the law. The term is sometimes distinguished from illegal in
that the former means that the action attracts no penalty.
unleaded petrol Petrol which contains less than 0.013 grams of lead per litre. The limit
was 0.020 grams before 1 April 1990.
unlimited company A company where the liability of its members is not limited
(Companies Act 2006 s3(4)).
unliquidated claim Claim for an amount which has yet to be determined or agreed.
unlisted company Limited liability company whose shares are not listed on any stock
exchange.
unlisted securities Shares and other securities which are no listed on a stock exchange.
unmarked gas oil Heavy oil of which not more than 50% by volume distils at a
temperature not exceeding 240 degrees C and of which more than 50%
by volume distils at a temperature not exceeding 340 degrees C.
Unmarked gas oil does not contain the prescribed markers quinizarin
and Solvent Red 24.
unmarked kerosene A heavy oil of which more than 50% by volume distils at a temperature
not exceeding 240 degrees C, but which does not contain the prescribed
marker coumarin. Unmarked kerosene is usually called AVTUR or
aviation turbine fuel, as it is used in aircraft engines.
unmarried couple For pension credit, “means a man and a woman who are not married to
each other but are living together as husband and wife other than in
prescribed circumstances” (State Pension Credit Act 2002 s17(1)).
unmeasured work One of the four bases for determining whether the national minimum
wage (NMW) regulations have been followed.
It applies only to those workers for whom none of the other bases is
appropriate. This happens when a person is engaged to complete a
project regardless of how long it takes.
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unpaid contributions National insurance contributions that have not been paid when they
should have been. The offences are dealt with in Social Security
Administration Act 1992 from s119.
unpaid expense Bad debt for which a trade had claimed tax relief when it ceased trading
(Income Tax Act 2007 s99(1)). Should the debt subsequently be paid it
is treated as a qualifying payment and becomes taxable.
unpaid seller A seller of goods who has provided the goods as required under the
contract and has either not been paid the whole price, or where payment
was made by a bill of exchange which has not been honoured (Sale of
Goods Act 1979 s38(1)).
Under s39 of the Act, an unpaid seller has the right of seller’s lien
on any goods still in the seller’s possession, a limited right of re-sale,
and the right to stop goods in transit. These are in addition to his right
to sue for payment.
unprotected trust deed In Scotland, a trust deed which is not registered and therefore does not
stop a creditor starting sequestration proceedings.
unquoted company Company whose shares are not listed on a stock exchange.
In the contest of employee-controlled companies means “a company
none of whose shares is included in the official UK list” (Income Tax
Act 2007 s397(6)).
unrealisable gains Apparent increase in the value of an asset which cannot be turned into
cash.
unrealised Gains and losses representing changes in values of assets and liabilities
that are not realised through sale or use.
unrealised capital gain Investment or asset which has grown in value but has not been turned
into cash.
unredeemed pledge Pledge which a borrower has made but has not redeemed. An example
is when a personal item is pledged or pawned, and the person cannot
raise the cash to redeem the pledge to get it back.
unrelated expenses Term sometimes used to mean expenses incurred by a business for a
non-business purpose.
unrelieved loss Loss where no tax relief has been obtained for the current tax year and
which therefore may be carried forward to future years (Income Tax
Act 2007 83(2)).
unrestricted fund Fund which a charity may use for any purpose, unlike designated
funds or restricted funds.
unrestricted income Income which a charity or other non-commercial body may use for any
purpose. There is no restriction imposed by the donor.
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unsatisfactory goods Goods sold to a consumer that do not meet the statutory requirement of
being satisfactory.
unsecured creditors Those who have no claim against particular assets when a company is
wound up, but must take their turn for any share of what remains.
unsecured debt Debt which is not pre-preferential, preferential or secured. Most debt
comes into this category.
unsecured loan Loan which is not secured on any asset. If the loan is not paid, the
lender cannot seize any of the debtor’s property.
unsecured pension fund Funds (whether sums or assets) held under a money purchase
arrangement that have been 'designated' to provide a scheme member
(who is aged under 75) with an unsecured pension, as identified in
paragraph 8 of Schedule 28 to the Finance Act 2004. Once sums or
assets have been 'designated' as part of an 'unsecured pension fund' any
capital growth or income generated from such sums or assets are
equally treated as being part of the 'unsecured pension fund'. Similarly
where assets are purchased at a later date from such funds, or 'sums'
generated by the sale of assets held in such funds, those replacement
assets or sums also fall as part of the 'unsecured pension fund' (as do
any future growth or income generated by those assets or sums).
unsolicited “Means, in relation to goods sent to any person, that they are sent
without any prior request made by him or on his behalf” (Unsolicited
Goods and Services Act 1971 s6(1)).
unsolicited participants In psychology and similar disciplines, people who are unaware that they
are taking part in an experiment.
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unsubsidised Description of a price which represents the real cost of producing the
goods and services plus the supplier’s profit. No payment or subsidy
has come from the government or other source.
untraceable member A member of a registered pension scheme who cannot be traced prior to
their 75th birthday.
untrue declaration False declaration for Customs purposes. It is an offence for which
penalties are prescribed by Customs and Excise Management Act 1979
s167.
unused allowance Allowance which has not been wholly utilised. The term commonly
applies to tax allowances which have not been used in one tax year but
could be utilised in another year.
unused exemption Amount of relocation expenses available for offset of bridging loan
expenses, as explained in Income Tax (Earnings and Pensions) Act
2003 s288.
unused relief Relief against income tax which a person has not wholly utilised,
particularly the married couple's allowance for older taxpayers. Income
Tax Act 2007 s51 provides limited scope to transfer unused relief.
UPOV Convention International convention on plant variety rights. Customs may seize
goods that infringe these rights.
upfront fees One of the hallmarks of a tax planning scheme of which taxpayers are
advised to be wary.
upper limit (UL) Term is particularly used for the limit at which the full rate of
corporation tax is payable. Details are given in Corporation Tax Act
2010 s24. This figure was introduced in 1973 at £40,000, and has been
£1.5 million since 1994.
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Upper Tribunal Higher of the two levels of tribunals introduced from 2009.
The Upper Tribunal hears appeals from the first-tier tribunal, and
will also first hear more complex issues.
Urgent Issues Tax Force Body which prepares accounting abstracts to deal with narrow
accounting issues, usually particularly topical ones.
URTI Upper respiratory tract infection. Common abbreviation for sick notes
(HMRC leaflet E14).
usage segmentation Dividing users of a product or service according to their usage of that
product or service. The classification is usually a simple one, such as
heavy, medium and light.
USB datastick Small device, usually about 7 cm long and 1 cm wide, with the standard
rectangular USB connector for computers. Such datasticks can now
hold many gigabytes of data. HMRC generally accepts data submitted
on a USB datastick. It should be realised that HMRC then destroys the
datastick rather than return it.
use class order In planning law, a category of development for which planning
permission may be given. Once permission for that category is given
any subsequent occupier of those premises may use those premises for
any activity within the use class order without needing to obtain any
further permission. For example, shops are A1 use. So a shop selling
sweets may become a clothes shop without needing any further
permission.
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used solely as a dwelling Term used for capital gains tax with regard to a taxpayer’s home, or
part of a home. This removes that part from the scope of business
premises useful economic life Period over which a fixed asset is
expected to last and over which it is therefore depreciated.
user friendly Description of a computer program which can easily be used with little
instruction.
user’s guide Book or other instructions supplied with a product, explaining how to
use it.
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uterine Born of the same mother but not of the same father.
UTI Urinary tract infection. Common abbreviation for sick notes (HMRC
leaflet E14).
utmost good faith The principle of insurance which requires a proposer to give all relevant
information to the insurer.
It is also known by the Latin name uberramei fidei.
UTR reminder Request to HMRC by a tax agent for the UTR of a client. HMRC
advises that this should normally be sought from the client. If,
exceptionally, that is not possible, HMRC will confirm the UTR to an
authorised agent, but not by telephone or fax.
V
v Versus, against. Used in names of court cases such as Pepper v Hart to
separate the names of the parties.
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V (1) Suffix for a tax code. This indicates that the taxpayer is entitled to
the married age allowance for someone born before 6 April 1935.
(2) Roman numeral for 5.
vacant possession Description of a building where there are no sitting tenants. Such a
building has a higher value than one where the are tenants.
Vallambrosa Early case on whether expenditure is capital or revenue. The full name
is Vallambrosa Rubber Company Ltd v Farmer [1910] 5TC529. The
matter is discussed in the Inspectors’ Manual at BIM35305. This related
to the expenditure on the first five years of looking after rubber trees
before they are able to produce rubber.
valuation expenses The extent to which such expenses are tax-deductible is discussed in the
Inspectors’ Manual at BIM42540.
Such expenses are generally tax-deductible if made for stock-taking,
producing annual accounts or insurance claims. They are generally not
deductible for company reconstructions or probate.
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value added Additional value which is acquired to an asset or service when it passes
from one person to another.
value added tax (VAT) Tax on the supply of goods and services.
It is imposed by Value Added Tax Act 1994 s1(1):
“(a) on the supply of goods or services in the United Kingdom
(including anything treated as such a supply),
(b) on the acquisition in the United Kingdom from other member States
of any goods, and
(c) on the importation of goods from places outside the member States”.
It was introduced in the UK on 1 April 1973 as a replacement for
purchase tax and selective employment tax.
The tax may only be charged by registered traders. Traders with
turnover above the registration threshold must register; other traders
may do so.
VAT is charged at the standard rate (currently 20%) unless the
supply is specifically zero-rated, reduced-rated or exempt.
value added statement Simple financial statement which explains how a business has acquired
its wealth. It is additional to all other financial statements.
value declaration Statement that may be required in relation to customs duty on imports
of a large value.
value in use “The present value of the future cash flows obtainable as a result of an
asset’s continued use, including those resulting from the ultimate
disposal of the asset” (FRS 7 para 2).
value market That part of the retail sector which sells the more expensive and
luxurious items.
The value market is vulnerable to adverse market conditions as
customers economise on luxuries first. Conversely, the value market is
the first to recover when economic conditions improve.
value proposition Collection of tangible and intangible benefits claimed for a product.
value-protected annuity An option which became available from 6 April 2006 for those with a
private pension.
This is a normal annuity but with the additional provision that if the
member dies before the age of 75 (or at any lower age chosen by the
member), a sum will be paid to the member’s estate so that the total
payments equal the value of the pension fund at retirement.
Suppose a man retired at 65 with a pension fund of £100,000 and
dies at 72 having received seven years’ pensions totalling £49,000. The
balance of £51,000 is paid to his estate, from which 35% income tax is
deductible.
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value shifting One of several types of tax avoidance scheme that aims to shift value in
an asset to reduce the taxable gain on it. Provisions to counter such
schemes are given in Taxation of Chargeable Gains Act 1992 s29ff.
Van den Berghs Leading case on whether payments are capital or revenue in nature. The
full name is Van den Berghs Ltd v Clark [1935] 19TC390. The matter
is discussed in the Inspectors’ Manual at BIM35530.
vanity publishing When an author pays for a publisher to publish his or her book.
For VAT, if the publisher sells the books to the author, the supply is
one of zero-rated books. If the publisher retains possession, it is
regarded as a mixed supply of zero-rated books and standard-rated
publishing (VAT notice 701/10).
Agreements have been reached with trade bodies on how to
apportion the supply. Details are given in VAT notice 700/57.
variable cost Cost which varies according to the amount of production to which it
relates.
variable rate Rate which varies during a defined period, commonly an interest rate
which is linked to the base rate.
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variance analysis In management accounting, the study of where the actual figures differ
from budgeted figures.
variations of class rights Changes in the rights attaching to shares in a company. The legal
implications are set out in Companies Act 2006 ss630-640.
VAT account A summary of the totals of output tax, input tax and net tax due for each
VAT period.
VAT and excise penalty Penalty introduced from April 2010 for offences relating to VAT or
excise duty.
VAT charter Code of practice issued by Customs and Excise in 1992 regarding VAT.
VAT code Number which corresponds to a rate of VAT, such as 1 for standard-
rate, 2 for reduced rate etc. This number is entered against the product
code in an EPOS system so that the correct rate of VAT is charged
when the goods are checked out.
VAT declaration Statement at the end of a VAT return stating that the signatory
believes the information is correct.
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VAT guide VAT notice 700 which provides general guidance on the operation of
VAT. The publication is available free from HMRC.
VAT inspector Office of HMRC whose job is to check on the correctness of VAT
returns.
VAT invoice An invoice with a compulsory set of information given, by one VAT
registered person to another, when supplying standard rated goods or
services. VAT registered customers need a VAT invoice to reclaim, as
input tax, the VAT charged to them.
VAT invoice Invoice which shows VAT and meets the requirements of VAT
regulations.
VAT leaflet HMRC publication which gives guidance on a narrow area of VAT
which is too specialised for a VAT notice. They are numbered as
subsidiary to the VAT notice, in the form 700/9 (which deals with
transfers of a going concern). VAT leaflets are available free from
HMRC.
VAT notes Free HMRC leaflet which is automatically issued with VAT returns to
notify traders of recent changes in VAT law.
VAT notice HMRC publication which gives guidance on a broad area of VAT.
They have three-digit numbers starting with 7. The most important is
the VAT Guide, number 700. More detailed points are covered in VAT
leaflets. VAT notices are available free from HMRC.
VAT Online An online service which will allow businesses to register for VAT,
amend their registration details and submit VAT Returns and payments
via the new HM Revenue & Customs website.
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VAT package Term used for various European-wide changes in VAT law on 1
January 2010. These particularly relate to business-to-business supplies
being taxed in the country of consumption rather than the country of
supply.
VAT paid Description of a figure where the VAT due has already been paid.
VAT period Period for which a VAT return must be prepared. This is usually for
three months but can be for one month or one year.
VAT receivable Account for businesses which routinely reclaim VAT, usually because
their outputs are zero-rated.
VAT registration Process whereby a business is registered for VAT and given a
registration number.
VAT return reminder A VAT Return Reminder sent by email to inform customers (or clients,
if an Agent) that the VAT Online Return is due. This replaced the paper
VAT Return for VAT Online users.
VAT Returns for Agents Service A service for Agents allowing them to submit their client’s
VAT Returns online.
VAT schemes wizard HMRC-produced software that helps a registered VAT agent to decide
which VAT schemes are most appropriate for a client.
VAT schemes wizard HMRC-produced software that helps a registered VAT agent to decide
which VAT schemes are most appropriate for a client.
V-C Vice-Chancellor.
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VCT approval Approval by HMRC that a company is a venture capital trust (Income
Tax Act 2007 s259(2)).
VCT-in-liquidation The tax provisions for a venture capital trust in liquidation are set out in
Chapter 5 of Income Tax Act 2007, that is from s314. The term is fully
defined in s320.
VCU VAT Central Unit - responsible for sending out VAT Returns at regular
intervals to all registered businesses, receiving back the completed
returns and tax payments and for making repayments when they are
due.
VE Term used in Income and Corporation Taxes Act 1988 s444ABB for
calculating retained assets in determining profits for life assurance
companies. It is determined by figures entered on Form 14 completed
by such companies.
vegetables These are usually zero-rated as food. Vegetable oils may also be zero-
rated “even if they are used as massage or cosmetic oils, provided they
are of a type and grade suitable for culinary purposes, and they do not
contain any substance, such as perfume, that would make them
unsuitable for culinary use” (VAT notice 701/14).
vehicle adaptation Change made to a vehicle, particularly one to allow a disabled person to
drive it.
vehicle excise duty (VED) Tax charged for using a mechanical vehicle on a public road. VED is
paid in advance for 12 months or 4 months at a time. It is evidenced by
a circular tax disc which must be displayed on the vehicle’s
windscreen. Obtaining the tax disc is also a check that the vehicle is
insured and has a valid MOT certificate.
For vehicles first registered from 1 March 2001, VED is charged
according to the amount of carbon dioxide it emits. There were seven
bands indicated A to F, to which a seventh G was added from 23 March
2006. From 1 April 2009, there are 13 bands indicated by the letters A
to M. From 1 April 2010, there is a higher rate of VED for the first year
for the lowest four and highest six bands. This has been called the
showroom tax.
vehicle group Category of vehicle for some financial purpose. For example, in
determining AA running costs of cars, there are five vehicle groups
based on the original cost of the car.
vehicle identification number (VIN)
Unique number allocated by the Driver and Vehicle Licensing
Agency to every vehicle allowed to be on the road.
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vehicle identity Defining characteristics of a vehicle. Repair does not change vehicle
identity but modifications or significant rebuild can. A change of
vehicle identity requires the vehicle to be re-registered.
vehicle registration Process of recording a vehicle with the central register run by the
Driver and Vehicle Licensing Authority. The registration is indicated
by the number plate. The registration to a particular individual is
shown in the registration certificate.
vehicle scrappage scheme Scheme which provides a sum to a person for scrapping an old car to
buy a new one.
In the UK, the scheme was introduced from 1 June 2009. It paid
£2,000 to anyone who scrapped a car at least ten years old and bought a
new one. Of this, £1,000 came from the government and the other
£1,000 had to come from the car dealer. The scheme was intended to
help the troubled car industry and to promote more environmentally-
friendly vehicles.
veil of incorporation Rule that a limited company has a separate legal identity from its
founder. This is a fundamental principle of company law. The case
commonly cited is Salomon v Salomon & Co [1897] which provides a
clear example of the principle already then well established. In some
cases, the court may be prepared to lift the veil of incorporation.
venditioni exponas Latin: that you expose for sale. An old writ that may be sought by a
sheriff who has seized goods that cannot be sold for the price expected.
venire de novo Writ issued by a court to a lower court requiring its erroneous verdict to
be vacated and for the matter to be retried.
venue In law, a place where a trial or hearing is to take place. There are rules
about where the venue must be.
verba relata hoc maxime operantur per referentiam ut in eis inesse videntur
Latin: words to which reference is made in an instrument have the same
operation as if they were inserted in the instrument referring to them.
vermouth Blended alcoholic liquor. If it has used the same name from before 4
May 1932, it is exempt from some provisions of Alcoholic Liquor
Duties Act 1979 s71(2)(b).
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Vern Vernon’s Reports, Chancery law reports published from 1680 to 1719.
vertical communication Communication between different levels of staff, such as from senior to
junior staff.
vertical equity Principle that people with different incomes should pay different
amounts of tax.
vertical form Layout of a balance sheet which lists the assets and liabilities above
the funds which it represents, rather than beside them.
Ves Jun Vesey’s junior Chancery Reports, law reports published from 1789 to
1817.
vesting assent Instrument whereby a personal representative vests land in a tenant for
life under Settled Land Act 1925 s117(1).
vexatious litigant Person who repeatedly brings legal actions. It is possible to get an order
against such a person who must then obtain permission from the court
before commencing any further legal actions.
vicarious liability When one person is legally held liable for the actions of another.
An employer can be vicariously liable for actions of an employee,
an agent for a principal, and a parent for a child.
vice tax Colloquial name for a sumptuary tax on a product or service that is
seen as harmful or socially undesirable. Examples include excise duty
on alcohol and tobacco.
victim of theft Such a person has the right to object to his stolen property being sold
under a recovery order against a criminal (Proceeds of Crime Act 2002
s281).
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video games machine For VAT purposes, this is regarded as an amusement machine (VAT
notice 701/13).
video games tax relief Relief due to be introduced in 2010 to provide similar tax relief for
British video games as for British films. The relief was scrapped on a
change of government.
vi et armis Latin: with force and arms, a term used to mean trespass.
virgin territory Colloquial term for an area where a business does not yet operate.
virual organisation Management term for an organisation structure seen from its
technology rather than people.
virtus post nummos Latin: virtue after money (quote from Horace).
VJ Voluntary jurisdiction.
VL32 Term used in Income and Corporation Taxes Act 1988 s444ABB in
relation life assurance companies. It refers to the figure entered in line
32 on Form 40 completed by such companies.
vocation For income tax purposes, how “a person passes his or her life and
indicates a calling, although not necessarily one related to religion or
high-minded service to others. A bookmaker and a jockey have been
held to engage in vocations and authors, dramatists and professional
singers have all been dealt with by the Courts on the basis that they
carried on vocations.” (Inspectors’ Manual BIM14090).
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voidable Agreement or other act which one party may choose to make void.
Until such an election has been made, the agreement remains legally
valid.
voidable marriage Marriage which could be declared invalid, usually because there has
been no consummation.
Such a declaration is regarded as an annulment which means that
the marriage is regarded as never having existed. However, for the
purposes of tax and benefits, the marriage is regarded as having existed
until the date of annulment.
void marriage Marriage which is invalid because at least one of the partners was not
able to marry (such as being under age, already married or closely
related to the other person).
void period Period in which something did not happen, such as an unoccupied
rented property.
volatility The degree by which share prices in a particular stock market or sector
go up or down. Usually measured by the movement in a particular
index.
volenti non fit injuria Latin: that to which a man consents cannot be considered an injury.
This is the principle that a person may assent to injury or risk, but
not to their death.
Volstead Act In the USA, the National Prohibition Act that became the 18th
amendment to the US constitution. It prohibited liquor between 1920
and 1933 when repealed by the 21st amendment.
volume Quantity.
Volume Crime Not a technical term but normally refers to high incidence vehicle
crime, burglary and in some areas robbery.
volume variance Variance between the actual quantity of goods produced and the
budgeted quantity.
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voluntary deregistration When a business choose to have its VAT registration cancelled. A
business must have a turnover below the deregistration threshold
which is different from the registration threshold.
voluntary mutual Popular name for a mutual health insurer. Their tax treatment is
discussed in the Inspectors’ Manual at BIM24685.
voluntary redundancy When an employee agrees to be made redundant from his work, usually
on the basis of a generous package.
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voluntary scheme Pension or other benefit scheme in which the members choose the
extent and levels of benefits provided. These are normally schemes in
which members pay the contributions or premiums. For example, a
trade union or other affinity group may offer membership of a scheme
providing life assurance cover.
voluntary severance For public pensions, means “any other loss of office or employment”
that is not compulsory severance (Superannuation Act 2010 s3(6)(b)).
voluntary unemployment Voluntary unemployment exists when people have chosen not to work
because they do not feel that wages at the existing equilibrium are high
enough to justify them working. They may prefer instead to receive
benefits. Classical economists argued that any unemployment
remaining in the long-term would be voluntary as the economy would
automatically tend towards full-employment. The level of voluntary
unemployment is shown in the diagram below: The actual supply
represents those people who are willing to work at the existing wage,
whereas the potential is all those of working age who are available to
work. The distance shown by the arrow between the two represents
voluntary unemployment - those who have chosen not to work at the
equilibrium wage.
voluntary worker Someone who works for no payment, usually for a church, charity or
non-profit-making body.
There are some special provisions which relate to voluntary
workers.
They are not covered by Health and Safety at Work Act 1974,
which only applies to employees.
They do not have to be paid the national minimum wage (NMW).
They can be paid reimbursement of expenses. It should be noted that a
person cannot agree to be paid less than the NMW; they are either paid
the NMW or nothing.
volunteer reserve force “The Royal Navy Reserve, the Royal Marines Reserve, the Territorial
Army or the Royal Auxiliary Air Force” (Armed Forces Act 2006
s374).
matters. Schedule 10A [of Companies Act 1985] deals with the
attribution of voting rights in certain circumstances” (FRS 2 para 17).
VR Victorian Reports, law reports published from 1870 to 1872, and from
1957.
VVs Varicose veins. Common abbreviation for sick notes (HMRC leaflet
E14).
W
W Series of forms that must be used for excise duty purposes. For
example, form W21 is the quarterly distillery return.
wafers For VAT purposes, wafers are zero-rated as food unless sold with ice
cream when they are standard-rated (VAT notice 701/14).
wages This term includes wages and salaries and similar payments whatever
they are called. It also includes bonuses, commissions, holiday pay,
statutory sick pay, statutory maternity pay, statutory paternity pay,
statutory adoption pay, guarantee payments, payments made under
various employment laws, and payments made under an order for
reinstatement or re-engagement (Employment Rights Act 1996 s27(2)).
wages cost Cost of paying employees. This figure comprises the gross pay of
employees plus such direct costs as employers' national insurance,
employer’s contributions to occupational pension scheme and the cost
of providing benefits in kind. This cost if often the largest expense in an
organisation.
wages councils Bodies originally established by Trade Boards Act 1909 to ensure that
workers were not exploited by low wages. Their scope was
considerably extended in 1945. Their powers were restricted in 1986
before being abolished in 1993. Since 1999, the issue of law pay has
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wages fund theory In economics, a theory that a country only has a finite amount of money
to pay wages, so the function of government is to determine an
equitable apportionment. This theory has long been discredited as it
ignores the ability of a worker to create wealth.
wages payable Account for the amount payable in wages and salaries. It is a credit
balance which is usually debited to zero when payment is made.
wages policy Policy an organisation adopts with regard to wages and salaries for its
employees.
wait and see Term used for the new rules of perpetuities introduced in 1964.
Under the previous common law rules, a gift in a will to “the first of
my children to become a doctor” is void at common law (unless any
child was already a doctor at the time of the testator’s death). The
common law period was the lifetime of the settlor plus 21 years. It is
possible that a child would become a doctor after that period, or indeed
that no child would become a doctor. The 80-year rule introduced in
1964 allowed the opportunity to see if property could vest within the
stated period.
waiting day (WD) Day at the start of a period for which a social security benefit is not
payable. There are three waiting days for statutory sick pay and for
employment support allowance. This means that the benefit is
payable from the fourth day.
waiting list fee Fee payable to an organisation to go on a waiting list for membership.
For VAT, such a payment is exempt if:
• it is deducted from the first subscription or joining fee,
• the subscription is exempt from VAT, or
• it is refunded if the candidate is declined membership.
Otherwise the fee is regarded as part of the organisation’s income.
waiting period In connection with civil partnerships, means at least 15 days from when
a notice of proposed partnership is issued to when it may be registered
(Civil Partnership Act 2004 s11).
waiver of debt Excusing a debt for reasons other than the financial position of the
debtor.
Such a waiver is not a bad debt and usually is not tax-deductible.
The matter is discussed in the Inspectors’ Manual at BIM 42710.
waiver of dividends Such a waiver in the 12 months before a dividend is declared means
that the dividend is not regarded as a transfer of value for inheritance
tax purposes (Inheritance Tax Act 1984 s15).
waiver of premium A provision that sets certain conditions under which an insurance policy
will be kept in full force by the company without the payment of
premiums.
waiver of remuneration When a director or employee decides not to accept payment due to him
or her for employment work done.
Amounts so waived are not included in the value of a person’s
estate for inheritance tax purposes (Inheritance Tax Act 1984 s14).
walking possession When a bailiff “seizes” goods but allows a person to retain use of them
until the debt is paid.
wall chart This item is not regarded as a map or chart for VAT purposes, and is
therefore not zero-rated under Value Added Tax Act 1994 Sch 8 Group
3. Further details are given in VAT notice 701/10.
wall panelling For tax, the case JD Wetherspoon plc v HMRC [2008] SpC 657 held
that wall panelling in a pub was not plant. This issue was debated at
length, implying that similar items could be held to be plant. The
deciding factor in this case was that the panelling was not exceptional.
Wall Street New York Stock Exchange, from the name of the road in Manhattan
where it is located.
war State of hostilities between two nations. Such a state has many legal
consequences.
war disablement pension For pension credit, this is defined in State Pension Credit Act 2002
s17(1).
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warehouse A place approved by HM Customs and Excise for the storage of goods
without the payment of certain duties or taxes which would normally be
due on those goods. The main types of warehouse are Customs
Warehouses; Excise Warehouses; and Customs and Excise
Warehouses.
warehouse vat Spirits receiver that has been approved by HMRC as a place where
spirits may be stored as well as manufactured. If a vat is not so
approved, all spirits must be removed before a fresh manufacture starts.
warehousing system Arrangement agreed with HMRC or Customs which allows goods to be
stored in a warehouse before duty is paid.
war injury Payment may be made under Personal Injuries (Emergency Provisions)
Act 1939 s1.
war loan Government gilt issued to provide funds to pay for a war.
War Office Department of the civil service which became the Ministry of Defence
in 1964.
war pension State pension paid to the dependants of someone killed or injured on
military service.
warrant “An instrument that requires the issuer to issue shares (whether
contingently or not) and contains no obligation for the issuer to transfer
economic benefits” (FRS 4 para 17).
warrant (1) A security issued by a company, allowing you the right to acquire
ordinary shares.
(2) Order issued by a court requiring or allowing something.
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warren In law, the right to kill rabbits and hares on a piece of land.
war service Service in the armed forces during war. Under various laws passed at
the time, such service usually counts as part of a person’s employment
for the purposes of building up a superannuation or pension entitlement.
wash In finance, process of making money look different from what it was.
For spirits duty, “wort in which fermentation has begun. After
fermentation, the wash will form the raw material for the distillation
process” (Customs notice 39).
wash back “A vessel in which wort is collected and fermented into wash”
(Customs notice 39).
wash charger “A vessel in which wash is collected from the wash back for removal to
the still” (Customs notice 39).
waste-book Day book or journal in which financial transactions are recorded, prior
to their being entered in a real prime book of account.
wasted relief Term for unused relief in the context of a controlled foreign company.
The full definition is given in Income and Corporation Taxes Act 1988
Sch 26 para 4(4).
wasting asset Term for an asset which becomes exhausted in the course of use, such
as a mine, quarry or cemetery. In accounting terms, it is treated the
same as a fixed asset.
For capital gains tax, it has the most specific meaning of an asset
expected to be wholly consumed within 50 years (Taxation of
Chargeable Gains Act 1992 s44). This includes all vehicles, machines
and animals. Such an asset is exempt from the tax.
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water For VAT, water is zero-rated when supplied to domestic premises under
Value Added Tax Act 1994 Sch 8 Group 2. It is standard-rated to
business premises from 1 July 1990.
The zero-rating extends to supplies of ice, steam, metered water,
and abstraction of non-potable water.
Zero-rating does not extend to distilled or deionised water, dry ice,
mineral and table water and infrastructure charges under Water Act
1989.
water bailiff Customs officer who inspects vessels as they reach or leave port.
watercourse Easement that allows for a flow of water over someone else’s land.
watermark Image that can be seen on paper when held to the light.
Modern Bank of England notes use a watermark as a security
feature. A picture of the Queen can be seen.
water meter For VAT, costs relating to these meters are not within the scope of the
zero-rating for water (VAT notice 701/16). They may be zero-rated
when installed as part of a zero-rated construction.
water system For capital allowance purposes, is treated as an integral feature, which
means that it is included in the special rate pool and is subject to
capital allowance at 10% on the writing down basis, and not the usual
20% for plant and machinery.
way-going crop Crop that is sown during one tenancy but cannot be harvested until after
the tenancy has expired. The first tenant often has the rights to the crop.
wayleave Right of way over someone else’s land for the purpose of moving
minerals.
WD Waiting day.
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wealth Money and assets which represent money. Wealth is the capitalisation
of productivity.
wealth tax Tax imposed on how much a person is worth. The UK has no such tax.
weapons Customs are likely to seize any offensive weapons carried by a traveller
to the UK.
wear and tear Cost of using a fixed asset, recognising that fixed assets such as
machinery suffer minuscule amounts of wearing out every time they are
used. This has a cumulative effect until the machinery is unusable. In
financial accounting this is reflected in depreciation.
wearing different hats Term used where one person performs different functions in a
transaction or arrangement, such as when a settler is also a beneficiary
in a trust.
Such arrangements are legal, except that if the boundaries are not
properly observed and there is no good reason for the different hats, it is
possible that the trust will be regarded as a sham.
week Period of seven days. For purposes of statutory sick pay and statutory
maternity pay, it is seven days starting on a Sunday.
week 53 In the PAYE system, the odd days at the end of the tax year after week
52.
As 52 weeks of 7 days gives 364 days, but a year always has 365 or
366 days, a payday falling on 5 April or (on 4 April in a leap year) is
regarded as being in week 53, for which there are special PAYE
provisions.
week’s pay Figure set by the government from 1 February each year used to
calculate redundancy pay and which is also used to determine how
much of a person’s wages rank as a preferential debt if the employer
becomes insolvent.
weighted age Another term for adjusted age. This is broadly a person’s actual age
with extra years added (or sometimes subtracted) to reflect their health.
This is used to calculate rates for life assurance. For inheritance tax, this
can be relevant in valuing a discounted gift scheme.
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welfare advice Service that may be reduced-rated for VAT under Value Added Tax
Act 1994 Sch 7A Group 9, as explained in VAT leaflet 701/2. Note that
is advice that is reduced-rated; welfare services may be zero-rated.
Reduced-rated welfare advice is “advice or information that directly
relates to the:
• care or protection of children or young people or
• physical or mental welfare of elderly, sick, distressed or disabled
people” (VAT notice 701/2).
Advice that relates to a specific person (of any age) is usually zero-
rated as welfare services.
welfare services Such services may be exempt from VAT under Value Added Tax Act
1994 Sch 7 Group 9. Other services may be reduced-rated under Sch
7A Group 9. VAT leaflet 701/2 provides more details.
Further information in this discretionary is provided in the entries
for:
care, treatment or instruction
children’s services
routine domestic tasks
significant pain or discomfort
spiritual welfare
welfare advice
welfarism View that management should be concerned for the welfare of its
employees and not just see them as units of production.
wet trade Term used in the hotel and pub business to indicate the amount of
income derived from the sale of drink, both alcoholic and non-
alcoholic. This distinguishes income from other sources such as from
food, cigarettes and amusement machines.
Wheat Report Report produced in USA in 1972 on the principles and methods for
setting American accounting standards. It led to the formation of
FASB.
people. If the agent made payment, details must be reported but with
“whereabouts unknown” as the payee’s address. If no payment was
made, there is nothing to report. If arrears of payment when the address
is subsequently discovered, the payment of all arrears is reported for the
period of payment.
Whimster Leading tax case. It established that the correct method for determining
taxable trading profits is by bringing into account the opening and
closing stock at lower of net cost and market value (the latter has now
been replaced by net realisable value). The full case name is Whimster
and Co v CIR [1925] 12TC813. It is usually now seen in combination
with Threlfall v Jones. The cases are discussed in Inspectors’ Manual
at BIM33110.
whisky money Term used in 1889 for an additional tax imposed on whisky to fund
technical colleges to train workers in craft subjects.
white-collar worker Someone who works in an office, unlike a blue-collar worker who
works in a factory.
white diesel Diesel oil that does not contain any colouring agent, indicating that
hydrocarbon oil duty has been paid.
white fiver Common name for Bank of England £5 notes issued before 1957. They
were printed on one side of white paper. The notes were withdrawn
from circulation on 13 March 1961, though the Bank of England will
still exchange them for value.
white space The generally used term for the “other information” box on a tax return.
Disclosure of information in the white space can prevent or restrict
HMRC’s right of discovery. It can also reduce any penalties.
Whit Monday The day after Whitsun. It was a public holiday until 1971.
Whitsunday The Christian festival of Pentecost when the Holy Spirit came to the
early church. It is celebrated seven weeks after Easter.
It was a public holiday until [c 1971] when replaced by Spring Bank
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whole life insurance A life insurance policy providing payment on death, whenever this
occurs. Premiums may be payable throughout life, or for a shorter
period.
whole of market adviser Financial adviser who gives advice on financial products offered by
every company in the market.
wholesale banking Banking services provided by merchant banks and similar bodies, as
against retail banking.
wholesale price Price charged for goods bought wholesale, such as the price paid by a
shop when buying its stock.
wholesale price index Index showing inflation in prices charged for wholesale prices.
wholesaler Person who sells wholesale goods, such as when large quantities are
bought from manufacturers and sold to retailers such as shops. The
wholesaler is the traditional middle man.
wholly One of the conditions that must be met for trading expenditure to be
tax-deductible. The word relates to the amount of money. The purpose
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wholly or mainly In relation to VAT relief for a professional body, the term means 75%
or more (VAT notice 701/5).
wholly-owned subsidiary Subsidiary where 100% of the shares or control are owned by the parent
company.
wide area network A network technology that covers large geographic distances. Also
called long-haul networks, WANs usually operate at slower speeds and
have significantly higher delays than networks that operate over shorter
distances.
widget (1) For beer duty, “device inserted into cans and bottles which recreates
the effect of draught beer when it is poured” (Customs notice 226).
(2) In management accounting, an unspecified manufactured object.
widow Woman whose husband has died. Her marital status is the same as a
single person.
For the purpose of claiming benefits this means that the couple were
either legally married at the time of the husband’s death or their
marriage was considered valid under UK law. In Scotland (but not
elsewhere in the UK) a person may be considered a wife “by
cohabitation with habit and repute” even if there has not been a
marriage ceremony provided the reputation began before 4 May 2006
(Family Law (Scotland) Act 2006 s3).
wildcat strike Sudden stoppage of workers taken by the workers themselves and not
organised by a trade union.
Wilkinson case The case ex parte Wilkinson [2005] heard by the House of Lords. It
held that HMRC had exceeded its authority in many of the extra-
statutory concessions it had introduced. This had led to many of them
being replaced by legislation.
will Document which states what a person wishes to happen to his or her
property on their death.
Wilshire 5000 (W 5000) Stock index measuring the most widely traded companies in the USA.
The size of the index varies, but is currently around 4,100 companies. It
was started in 1974 by Wilshire Associates at 1404.6 represent the
companies’ market capitalisation of $1,404.6 billion. Each 1 point
variation represented an additional $1 billion of capitalisation. This has
now increased to about $1.2 billion.
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windfall Gain, income or other benefit which comes from no effort of the
recipient, such as inheriting money. The term comes from harvesting,
where it refers to fruit lying on the ground which may be collected
without the effort of picking it from the tree.
windfall clause Term common in an IVA which provides that any windfall, such as
inheritance or win, must be given to creditors.
windfall profit Profit where a significant element comes from factors unrelated to the
organisation’s efforts.
windfall tax Taxed charged in 1997 on the windfall profits made by the utility
companies when they were privatised.
winding-up lump sum Lump sum benefit paid to a member of an occupational pension scheme
because the scheme is being wound-up and their accrued benefits under
the scheme are deemed ‘trivial’, and which meets the conditions of
paragraph 10, Schedule 29 to the Finance Act 2004.
window dressing In financial accounting, any policy or other procedure adopted to make
the accounts present the business in a better life than would otherwise
be justified.
window tax A tax that was levied between 1696 and 1851.
wine Fermented juice of any fruit, except apples or pears. Before 15 March
1988, “wine” meant only fermented juice of grapes. Other fermented
juices were known as made-wine.
Wine is subject to excise duty on alcoholic liquor. The amount of
duty depends on its alcoholic strength. For wine with a strength above
5.5%, a higher rate is paid for sparkling wine.
The Act defines wine as “any liquor which is of a strength
exceeding 1.2% and which is obtained from the alcoholic fermentation
of fresh grapes or of the must of fresh grapes, whether or not the liquid
is fortified with spirits or flavoured with aromatic extracts” (Alcoholic
Liquor Duties Act 1979 s1(4).
wine duty Tax on wine, first introduced in 14th century. It is now an excise duty
imposed under Alcoholic Liquor Duties Act 1979.
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winter fuel payment Lump sum payment from Social Fund to people over 60 regardless of
their income or wealth.
with profits Description of a life insurance policy where the holder is entitled to a
share of the insurance company’s profit.
Each year a bonus is added to the guaranteed sum insured to reflect
the company's profit. Usual practice is to 'smooth' such bonuses so that
a comparatively unsuccessful year will not necessarily lead to a lower
bonus but a succession of poor years will be reflected by a gradual
reduction of bonus rate (and conversely for a series of successful years).
with profits endowment A fixed term investment with life cover. The guaranteed sum insured is
increased by bonuses, representing a share of the profits of the life fund.
withdrawal rate In social security, the rate at which tax credits are reduced according to
the claimant’s net income. The rate increased from 39% to 41% on 6
April 2011.
withering on the vine Allowing the value of money to reduce over a long period through
inflation.
withholding tax American term for tax which is deducted at source from payments of
interest and dividends to non-US residents.
without prejudice Comment on a letter which generally stops it being shown to a judge. It
is used to conduct separate negotiations while a court case is
proceeding.
without profits Description of a life insurance policy where the holder is not entitled to
any share of the company’s profits.
The sum payable is only the amount guaranteed in the policy
however profitable the insurance company may be.
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WLR Weekly Law Reports. Part of the citation of a court case included in
this official series of reports. These reports are one of the two main
official series; the other is the All England Reports.
WN (NSW) Weekly Notes, New South Wales, Australian law reports published
from 1884 to 1970.
woman’s contract Contract of employment where the employee is a woman (Equal Pay
Act 1970 s1(2)).
wood For VAT, wood sold as fuel may be reduced rated under Value Added
Tax Act 1994 Sch 7A Group 1 when supplied for domestic use. Further
details are given in VAT notice 701/19. The wood must be held out for
sale as fire wood.
Wood, Charles English Liberal politician (1800-1885) who was Chancellor of the
Exchequer from 6 July 1846 to 21 February 1852.
Wood, Sir Kingsley English Conservative politician (1881-1943) who was Chancellor of the
Exchequer from 12 May 1940 to 21 September 1943 under the coalition
government of Winston Churchill.
wool tax A tithe payable between 1339 and 1369, similar to that paid to the
church. It was levied to pay for the early years of the Hundred Years
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War.
worker General term which applies to anyone who works for someone else.
All employees are workers, but workers also includes staff provided
by an employment agency, homeworkers and outworkers, casual
labourers, piece-workers and commission-only workers, seconded staff
and staff on short-term contracts.
Some rights belong to all workers and not just employees. These
include the right to the national minimum wage, working time
regulations, discrimination and right not to have deductions from
wages.
workhouse Place where the poor could find accommodation and work under harsh
conditions. They were provided from the 17th century until their final
abolition in 1930. Parishes were legally required to provide workhouses
from 1845.
workhouse test Condition imposed by Poor Law Amendment Act 1834 which stated
that poor relief could only be provided to those in a workhouse. This
provision was never implemented.
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workhouse test Harsh test introduced in the mid-19th century with a view to
distinguishing needy poor from malingerers. Those who could not
support themselves were sent to the austere regime of the workhouse,
built to look like prisons.
work induced illness Illness that a person suffers as a consequence of their work. Some
illnesses may qualify the person for certain social security benefits.
The term is used in the Inspectors’ Manual at BIM37940 to explain
that medical expenditure for such illness is not generally allowable. A
leading case is Norman v Golder [1944] 26TC293.
working capital Finance provided to support the short-term assets of the business
(stocks and debtors) to the extent that these are not financed by short-
term creditors. It is calculated as current assets minus current liabilities.
working capital cycle Total of stock holding period plus customers collection period minus
suppliers payment period.
working day “A day on which the employee is at work” (Income Tax (Earnings and
Pensions) Act 2003 s89(3)).
For tax tribunals, the term “means any day except a Saturday or
Sunday, Christmas Day, Good Friday or a bank holiday under section 1
of the Banking and Financial Dealings Act 1971” (The Tribunal
Procedure (First-tier Tribunal) (Tax Chamber) Rules SI 2009 No 273
rule 12(3)).
EU council regulation 1182/71 defined a working day as “all days
[sic] other than public holidays, Sundays and Saturdays”.
working dog Sheep dog, guard dog, gun dog, racing greyhound or dog for the blind.
Specially formulated food for such dogs is zero-rated whereas dog food
for pets is generally standard-rated (VAT notice 701/15).
working hours “Any time when under [a worker’s] contract of employment, or their
contract personally to do work or perform services, he is required to be
at work” (Trade Union and Labour Relations (Consolidation) Act 1992
s246).
working life For purposes of an occupational pension scheme, “means the period
beginning with the tax year in which the person attains the age of 16
and ending with:
(a) the tax year before the one in which the person attains the age of
65 in the case of a man or 60 in the case of a woman, or
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(b) if earlier, the tax year before the one in which the person dies”.
(Pensions Act 2004 s282).
working papers All documents used in the preparation of any financial statement, such
as final accounts or tax return. This may include handwritten notes or
calculations on plain paper.
All working papers must be kept with the documents to which they
relate.
The papers must be written clearly enough that an accountant, with
no prior knowledge of the financial statements, can understand the
working papers.
Every separate sheet of the working papers must have three
headings:
● the name of the person or business to whom it relates;
● the period of time to which it relates, such as identifying the
financial year;
● the nature of the details on the paper.
Accounting firms often require additional information, particularly
the name of the person preparing the paper and the date it is prepared.
working tax credit Means-tested social security benefit payable to someone in work on a
low income.
It is paid under Tax Credits Act 2002 Part 1.
The benefit is not subject to income tax (Income Tax (Earnings and
Pensions) Act 2003 s677).
Working Time Directive European Union directive 2003/88/EC issued on 22 June 2000 and
binding on all member states. It updates directive 93/104/EC of 1993.
Its main provisions are:
• daily rest of 11 hours in every 24-hour period (art 3)
• a rest period every six hours (art 4)
• a weekly rest period of 24 hours uninterrupted (art 5)
• a working week limited to 48 hours in seven days (art 6)
• at least four weeks’ holiday a year (art 7)
• maximum 8 hours of night work (art 8)
• additional provisions for night workers (arts 9-13).
There are some exceptions to these provisions.
The directive became effective under UK law from 1 October 1998
under SI 1998 No 1833. It should have become law from 23 November
1996.
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work in progress (WIP) Value ascribed to items partly completed at the end of an accounting
period. Such items are more than stock but less than completed goods.
The value of work in progress is added to stock to give the figure for
closing stock.
An example of work in progress is when components have been
partly assembled or a partly-constructed building. Accounting standards
allow an appropriate element of labour to be added to the cost of
materials.
For major items of WIP, it is necessary to estimate the amount of
labour so far expended. Where there are many items of similar nature, it
may be sufficiently accurate to add half the labour cost required to
complete an item.
The tax implication is discussed in the Inspectors’ Manual at
BIM33020.
work permit “A permit indicating, in accordance with the immigration rules, that a
person named in it is eligible, though not a British citizen, for entry into
the United Kingdom for the purpose of taking employment”
(Immigration Act 1971 s33).
workplace ballot Ballot held by a trade union at the workers’ place of work, as required
by Trade Union and Labour Relations (Consolidation) Act 1992 s228.
work-related training Such training is a taxable benefit in kind unless within the scope of the
exemptions in Income Tax (Earnings and Pensions) Act 2003 from
s250.
works transport service “Means a service which is provided by means of a bus or a minibus for
conveying employees of one or more employers on qualifying
journeys” (Income Tax (Earnings and Pensions) Act 2003 s242(2)).
This usually means that an employee is not taxed on a benefit in
kind when the employer arranges transport to and from work in a
vehicle with at least nine seats.
workwear The clothing which a worker wears at work. The term is usually
restricted to overalls and similar protective clothing which incorporates
a logo for the company.
worldwide debt cap Tax provisions set out in Taxation (International and Other Provisions)
Act 2010 Part 7 and brought into effect from 1 January 2010. The
provisions can serve to restrict the amount of UK tax relief that may be
claimed by an international group of companies.
worldwide gross debt Figure used in determining tax provisions of worldwide debt cap.
World Wide Web Information system on the Internet which allows documents to be
accessed from computers. Each participant is assigned a domain name
which typically starts www. and is followed by a stylised form of their
trading name.
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write down In financial accounting, process by which the value of a fixed asset is
reduced. This is usually done routinely by depreciation or as a separate
event such as when items are stolen or lost in a fire.
write off Process for removing a balance from the accounts, such as when a
business accepts that a bad debt will not be paid.
written premiums The total premiums on all policies written by an insurer during a
specified period of time.
trading is committed.
X
X Roman numeral for 10.
Y
Y Suffix for a tax code used for someone entitled to the age allowance for
a person born before 6 April 1935, but who is not entitled to the
addition for being married.
Y&CC Younge & Collyer’s Company Cases, series of law reports published
from 1841 to 1843.
year Unit of time based on how long the earth takes to revolve round the sun.
This is 365.24219 days. For convenience, the year is divided into 365
days except for leap years which have 366 days. These are every fourth
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year, except that (since 1752) a year ending 00 is only a leap year if it
divides by 400, so 2000 was a leap year but 1900 was not.
The year is divided into 12 months of between 28 and 31 days. It is
also divided into 52 weeks and 1 day (2 days in a leap year) to
accommodate which there are special week 53 provisions for PAYE.
The calendar is defined in Calendar (New Style) Act 1750.
The term calendar year is used for the period from 1 January to 31
December when a distinction needs to be made from other types of year
such as the financial year, tax year or academic year.
year of assessment Year whose income or profit is subject to income tax or corporation tax.
year of departure Last tax year of assessment before a temporary non-resident leaves
the UK (Taxation of Chargeable Gains Act 1992 s10A(8)).
year of return Tax year in which a temporary non-resident leaves the UK (Taxation
of Chargeable Gains Act 1992 s10A(1)).
year to date (YTD) Amount which represents a cumulative total from the start of a defined
year. It is used in payroll to calculate PAYE.
years of discretion Age at which a boy or girl is regarded as being capable of making
moral judgments.
yeast Micro-organisms that are used to ferment sugar into alcohol. The
commonest species used for this purpose is Saccharomyces cerevisiae.
yogurt For VAT, this is zero-rated as food except when sold to be eaten while
frozen (VAT notice 701/14).
Young Review Review conducted by government actuary Andrew Young into lost
pensions. The government accepted his review, which led to the
Financial Assistance Scheme.
youth rate Another name for the reduced rate of national minimum wage for
workers aged between 18 and 21.
for school leavers aged 16 or 17. It was extended to two years in 1986.
Participating employers had to provide 13 weeks of training in work
and social skills, and provide a certificate.
In 1989, it was renamed Youth Training and made the
responsibility of Training and Enterprise Councils (TECs). These
functions are now undertaken by the Learning and Skills Council and
equivalent bodies. These were themselves replaced in 2010 by Young
People’s Learning Agency (YPLA).
Z
zero-based budget Budget where all expenditure starts at zero and must justify itself afresh
each year, rather than just uplifting last year’s figure.
zero-carbon goods vehicle Goods vehicle that emits no carbon dioxide. Such a vehicle attracts an
enhanced capital allowance from April 2010 for five years.
zero-carbon home Dwelling which provides no net carbon dioxide. Such a dwelling is
entitled to stamp duty land tax relief from 1 October 2007 to 30
September 2012 under Finance Act 2003 s58B as inserted by Finance
Act 2007 s19.
zero-coupon bond In investing, a bond which pays no interest, but which is sold at a
discount allowing a capital gain to be made when it is redeemed.
zero duration gap Duration gap of zero, that is when the life of assets and the life of
liabilities are the same.
zero-emission Description of car that does not emit carbon dioxide under any
circumstances. Under Finance Act 2010 ss58-59, the provision of such
a car to an employee between 2010/11 and 2014/15 is a benefit of nil
for income tax purposes.
Zero Rate Certificate A certificate that a customer gives to a supplier to enable the supplier to
zero-rate the construction of a building, a supply of land, or a supply of
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zero-rated schedule Value Added Tax Act 1994 Schedule 8. This lists 16 Groups of supply
which are zero-rated:
1 Food 9 Caravans and houseboats
2 Sewerage and water 10 Gold
3 Books etc 11 Bank notes
4 Talking books etc 12 Drugs, medicines etc
5 Construction 13 Imports and exports
6 Protected buildings 14 Tax-free shops
7 International services 15 Charities etc
8 Transport 16 Clothing and footwear
The exact scope of each Group must be carefully considered before
zero-rating an item. For example, most imports and clothing are
standard-rated despite the terminology used above.
zero-sum game Situation where there is no scope for enlarging a market or opportunity,
so one person can only gain if someone else loses.
zillmerising “Method known by that name for modifying the net premium reserve
method of valuing a long-term insurance contract by increasing that
part of the future premiums for which credit is taken so as to allow for
initial expenses” (FSA glossary).
Z list Total of transactions that can be produced from most modern forms of
till. These are widely used in tax investigations.
zombie project Business jargon for a project that comes back to life after it was
supposedly killed.
Numbers
2 and 20 Typically fee for a manager of a hedge fund. He receives 2% of the
fund’s net assets each year and a performance fee of 20% of its profit.
The managers do not share any loss.
10-K The form which an American public company must complete to file its
accounts with the New York Stock Exchange.
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10-Q The form which an American public company must file each quarter to
the New York Stock Exchange.
18-25 trust Type of trust for beneficiaries who are under 25 and where at least one
parent has died (Inheritance Tax Act 1984 s71D). Its operation is
similar to the accumulation and maintenance trust (AMT) which it
replaced on 22 March 2006.
Finance Act 2006 Sch 20 severely restricted the scope of existing
AMTs, making many of them discretionary trusts which have a less
advantageous tax regime. Transitional provisions allow an existing
AMT which meets the new conditions to become an age 18-25 trust
provided no change is made and the change was made by 5 April 2008.
The maximum exit charge for an 18-25 trust is 4.2%. This
represents the maximum seven-year period equivalent of the maximum
6% charge that applies for a ten-year period.
For these purposes a change is made when the class of
beneficiaries changes, not when there is a change within the class. So
an 18-25 trust for the benefit of grandchildren has a change if the scope
is amended to include grandchildren’s partners. There is no change if
the class remains the same but another grandchild is born.
40 per cent test A test used to identify who controls a controlled foreign company.
The test is set out in Income and Corporation Taxes Act 1988 s755D.
41G (Trust) Form used to notify HMRC that a trust has been created.
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90% equity holding Condition for merger relief. The exact terms are set out in Companies
Act 2006 s613.
90% subsidiary Defined in Income Tax Act 2007 s301 as a subsidiary where the holder
is entitled to at least 90% of the profits available for distribution.
91-day rule Another name for the substantial and habitual visits rule that is used
to establish ordinary residence.
125% mortgage Mortgage which offers 125% of the value of a property. The lender
would regard the additional 25% as likely to be secured by inevitable
property value increases and the additional value of improvements
funded from the additional loan. Such mortgages were offered by
Northern Rock before it was nationalised.
1982 holding Holding of shares acquired before 1982 which are subject to special
provisions for capital gains tax under Taxation of Capital Gains Act
1992 s109.
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