F1PART 21BATax mismatch schemes

938RMeaning of “relevant tax advantage” etc and “the scheme period”

(1)

In this Part “relevant tax advantage”, in relation to a scheme, means an economic profit that—

(a)

is made by the company over the scheme period,

(b)

meets the condition in subsection (3), and

(c)

is not negligible.

(2)

In this Part “relevant tax disadvantage”, in relation to a scheme, means an economic loss that—

(a)

is made by the company over the scheme period,

(b)

meets the condition in subsection (3), and

(c)

is not negligible.

(3)

The condition is that the economic profit or loss arises as a result of asymmetries in the way that the company brings, or does not bring, amounts into account as debits and credits for the purposes of Part 5 or 7 of CTA 2009.

(4)

A reference in this section to asymmetries includes, in particular—

(a)

asymmetries relating to quantification, and

(b)

asymmetries relating to timing.

(5)

In this section—

(a)

a reference to an economic profit includes an increase in an economic profit and a decrease in an economic loss, and

(b)

a reference to an economic loss includes an increase in an economic loss and a decrease in an economic profit.

(6)

In this Part “the scheme period”, in relation to a scheme, means the period during which the scheme has effect.