Finance Act 2013 (c. 29)

PART 5 U.K. General anti-abuse rule

Modifications etc. (not altering text)

C1 Pt. 5 extended (with effect in accordance with s. 10(7) of the amending Act) by National Insurance Contributions Act 2014 (c. 7), s. 10(1) (with s. 10(7))

214 Interpretation of Part 5 U.K.

[F1 (1) In this Part—

• “abusive”, in relation to tax arrangements, has the meaning given by section 207(2) to (6);

• “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);

• “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• [F2 “designated HMRC officer” has the meaning given by paragraph 2 of Schedule 43;”.]

• “the GAAR Advisory Panel” has the meaning given by paragraph 1 of Schedule 43;

• “the general anti-abuse rule” has the meaning given by section 206;

• “HMRC” means Her Majesty's Revenue and Customs;

• [F2 “notice of binding” has the meaning given by paragraph 2(2) of Schedule 43A [F3 or paragraph 10 of Schedule 43D (as the case may be)];

• F4 ...

• [F2 “pooling notice” has the meaning given by [F5 paragraph 1(3) of Schedule 43A or paragraph 10 of Schedule 43D (as the case may be)];]

• F6 ...

• “tax advantage” has the meaning given by section 208;

• F7 ...

• “tax arrangements” has the meaning given by section 207(1).]

• [F2 “tax enquiry” has the meaning given by section 202(2) of FA 2014.]

[F8 (2) In this Part references to any “opinion of the GAAR Advisory Panel” about any tax arrangements are to be interpreted in accordance with paragraph 11(5) of Schedule 43.

(3) In this Part references to tax arrangements which are “equivalent” to one another are to be interpreted in accordance with paragraph 11 of Schedule 43A.]]

Textual Amendments

F1 S. 214(1): s. 214 renumbered (15.9.2016) as s. 214(1) (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(8)

F2 Words in s. 214(1) inserted (15.9.2016) (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(9)

F3 Words in s. 214(1) inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 9(a)

F4 Words in s. 214(1) omitted (22.7.2020) by virtue of Finance Act 2020 (c. 14), Sch. 14 para. 7(a)

F5 Words in s. 214(1) inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 9(b)

F6 Words in s. 214(1) omitted (22.7.2020) by virtue of Finance Act 2020 (c. 14), Sch. 14 para. 7(b)

F7 Words in s. 214(1) omitted (with effect in accordance with s. 124(2) of the amending Act) by virtue of Finance Act 2021 (c. 26), Sch. 32 para. 9(c)

F8 S. 214(2)(3) inserted (15.9.2016) (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(10)