PART 5General anti-abuse rule

209Counteracting the tax advantages

(1)

If there are tax arrangements that are abusive, the tax advantages that would (ignoring this Part) arise from the arrangements are to be counteracted by the making of adjustments.

(2)

The adjustments required to be made to counteract the tax advantages are such as are just and reasonable.

(3)

The adjustments may be made in respect of the tax in question or any other tax to which the general anti-abuse rule applies.

(4)

The adjustments that may be made include those that impose or increase a liability to tax in any case where (ignoring this Part) there would be no liability or a smaller liability, and tax is to be charged in accordance with any such adjustment.

(5)

Any adjustments required to be made under this section (whether by an officer of Revenue and Customs or the person to whom the tax advantage would arise) may be made by way of an assessment, the modification of an assessment, amendment or disallowance of a claim, or otherwise.

(6)

But—

(a)

no steps may be taken by an officer of Revenue and Customs by virtue of this section unless the procedural requirements of Schedule 43 F1, 43A or 43B have been complied with, and

(b)

the power to make adjustments by virtue of this section is subject to any time limit imposed by or under any enactment other than this Part.

(7)

Any adjustments made under this section have effect for all purposes.

F2(8)

Where a matter is referred to the GAAR Advisory Panel under paragraph 5 or 6 of Schedule 43, the taxpayer (as defined in paragraph 3 of that Schedule) must not make any GAAR-related adjustments in relation to the taxpayer's tax affairs in the period (the “closed period”) which—

(a)

begins with the 31st day after the end of the 45 day period mentioned in paragraph 4(1) of that Schedule, and

(b)

ends immediately before the day on which the taxpayer is given the notice under paragraph 12 of Schedule 43 (notice of final decision after considering opinion of GAAR Advisory Panel).

(9)

Where a person has been given a pooling notice or a notice of binding under Schedule 43A in relation to any tax arrangements, the person must not make any GAAR-related adjustments in the period (“the closed period”) that—

(a)

begins with the 31st day after that on which that notice is given, and

(b)

ends—

(i)

in the case of a pooling notice, immediately before the day on which the person is given a notice under paragraph 8(2) or 9(2) of Schedule 43A, or a notice under paragraph 8(2) of Schedule 43B, in relation to the tax arrangements (notice of final decision after considering opinion of GAAR Advisory Panel), or

(ii)

in the case of a notice of binding, with the 30th day after the day on which the notice is given.

(10)

In this section “GAAR-related adjustments” means—

(a)

for the purposes of subsection (8), adjustments which give effect (wholly or in part) to the proposed counteraction set out in the notice under paragraph 3 of Schedule 43;

(b)

for the purposes of subsection (9), adjustments which give effect (wholly or partly) to the proposed counteraction set out in the notice of pooling or binding (as the case may be).