SCHEDULES

SCHEDULE 7Avoidance involving financial arrangements

Transactions not at arm's length: exceptions relating to groups of companies

16

(1)

In Schedule 9 to FA 1996 (loan relationships) paragraph 11 (transactions not at arm's length) is amended as follows.

(2)

For sub-paragraph (3) (exceptions relating to groups of companies) substitute—

“(3)

Sub-paragraph (1) above does not apply if the related transaction—

(a)

is a transaction as a result of which paragraph 12 below (groups)—

(i)

applies by virtue of sub-paragraph (1)(a) of it, or

(ii)

would so apply, apart from sub-paragraph (2A) of it (transferor using fair value accounting), or

(b)

is part of a series of transactions as a result of which that paragraph—

(i)

applies by virtue of sub-paragraph (1)(b) of it, or

(ii)

would so apply, apart from sub-paragraph (2A) of it.”.

(3)

In consequence, omit sub-paragraph (5) (construction of references to a member of a group).

(4)

The amendments made by this paragraph have effect where the related transaction is on or after 16th March 2005.