Part 2Income tax, corporation tax and capital gains tax

Chapter 4Avoidance involving tax arbitrage

24Deduction cases

1

If the Commissioners for Her Majesty’s Revenue and Customs consider, on reasonable grounds, that conditions A to D are or may be satisfied in relation to a transaction to which a company falling within subsection (2) is party, they may give the company a notice under this section.

2

A company falls within this subsection if—

a

it is resident in the United Kingdom, or

b

it is resident outside the United Kingdom but is within the charge to corporation tax.

3

Condition A is that the transaction to which the company is party forms part of a scheme that is a qualifying scheme.

4

Condition B is that the scheme is such that for the purposes of corporation tax the company is in a position to claim or has claimed an amount by way of deduction in respect of the transaction or is in a position to set off or has set off against profits in an accounting period an amount relating to the transaction.

5

Condition C is that the main purpose, or one of the main purposes, of the scheme is to achieve a UK tax advantage for the company.

6

Condition D is that the amount of the UK tax advantage in question is more than a minimal amount.

7

A notice under this section is a notice—

a

specifying the transaction in relation to which the Commissioners consider that conditions A to D are or may be satisfied,

b

specifying the accounting period in relation to which the Commissioners consider that condition B is or may be satisfied as regards the transaction, and

c

informing the company that as a consequence section 25 (rules relating to deductions) has effect in relation to the transaction.

8

Nothing in this section prevents the Commissioners from giving a company falling within subsection (2) a notice under this section as regards two or more transactions.

9

Schedule 3 makes provision about what constitutes a qualifying scheme.