[F1151CStrips: manipulation of price: associated payment giving rise to lossU.K.
(1)This section applies if—
(a)as a result of any scheme or arrangement which has an unallowable purpose, the circumstances are, or might have been, as mentioned in paragraph (a), (b) or (c) of section 449(2) of ITTOIA 2005,
(b)under the scheme or arrangement, a payment falls to be made otherwise than in respect of the acquisition or disposal of a strip, and
(c)as a result of that payment or the circumstances in which it is made, a loss accrues to any person.
(2)The loss shall not be an allowable loss.
(3)For the purposes of this section a scheme or arrangement has an unallowable purpose if the main benefit, or one of the main benefits that might have been expected to result from, or from any provision of, the scheme or arrangement (apart from section 449 of ITTOIA 2005 and this section) is—
(a)the obtaining of a tax advantage by any person, or
(b)the accrual to any person of an allowable loss.
(4)The reference in subsection (1)(b) to the acquisition or disposal of a strip shall be construed as if it were in Chapter 8 of Part 4 of ITTOIA 2005 (profits from deeply discounted securities) (see, in particular, sections 437 and 445 of that Act for the meaning of “disposal” and “acquisition” and section 444 of that Act for the meaning of “strip”).
(5)In subsection (3)(a) “tax advantage” has the meaning given by [F2section 1139 of CTA 2010].
(6)This section applies to losses accruing on or after 17th March 2004.]
Textual Amendments
F1S. 151C inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 438 (with Sch. 2)
F2Words in s. 151C(5) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 238 (with Sch. 2)