(1)In section 43 of the M1Value Added Tax Act 1994 (groups of companies), after subsection (8) there shall be inserted the following subsection—
“(9)Schedule 9A (which makes provision for ensuring that this section is not used for tax avoidance) shall have effect.”
(2)After Schedule 9 to that Act there shall be inserted the Schedule set out in Schedule 4 to this Act.
(3)In section 83 of that Act (appeals), after paragraph (w) there shall be inserted the following paragraph—
“(wa)any direction or assessment under Schedule 9A;”.
(4)In section 84 of that Act (further provisions relating to appeals), after subsection (7) there shall be inserted the following subsection—
“(7A)Where there is an appeal against a decision to make such a direction as is mentioned in section 83(wa), the cases in which the tribunal shall allow the appeal shall include (in addition to the case where the conditions for the making of the direction were not fulfilled) the case where the tribunal are satisfied, in relation to the relevant event by reference to which the direction was given, that—
(a)the change in the treatment of the body corporate, or
(b)the transaction in question,
had as its main purpose or, as the case may be, as each of its main purposes a genuine commercial purpose unconnected with the fulfilment of the condition specified in paragraph 1(3) of Schedule 9A.”
(5)Subsection (1A) of section 43 of that Act shall not have effect in relation to supplies on or after the day on which this Act is passed.
Marginal Citations