SCHEDULES

F1SCHEDULE 34APromoters of tax avoidance schemes: defeated arrangements

Annotations:
Amendments (Textual)
F1

Sch. 34A inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(5)

PART 3Relevant defeats: associated persons

Attribution of relevant defeats

17

1

Sub-paragraph (2) applies if—

a

there is (or has been) a person (“Q”),

b

arrangements (“the defeated arrangements”) have been entered into,

c

an event occurs such that either—

i

there is a relevant defeat in relation to Q and the defeated arrangements, or

ii

the condition in sub-paragraph (i) would be met if Q had not ceased to exist,

d

at the time of that event a person (“P”) is carrying on a business as a promoter (or is carrying on what would be such a business under the condition in paragraph 3(2)), and

e

Condition 1 or 2 is met in relation to Q and P.

2

The event is treated for all purposes of this Part of this Act as a relevant defeat in relation to P and the defeated arrangements (whether or not it is also a relevant defeat in relation to Q, and regardless of whether or not P existed at any time when those arrangements were promoted arrangements in relation to Q).

3

Condition 1 is that—

a

P is not an individual,

b

at a time when the defeated arrangements were promoted arrangements in relation to Q—

i

P was a relevant body controlled by Q, or

ii

Q was a relevant body controlled by P, and

c

at the time of the event mentioned in sub-paragraph (1)(c)—

i

Q is a relevant body controlled by P,

ii

P is a relevant body controlled by Q, or

iii

P and Q are relevant bodies controlled by a third person.

4

Condition 2 is that—

a

P and Q are relevant bodies,

b

at a time when the defeated arrangements were promoted arrangements in relation to Q, a third person (“C”) controlled Q, and

c

C controls P at the time of the event mentioned in sub-paragraph (1)(c).

5

For the purposes of sub-paragraphs (3)(b) and (4)(b), the question whether arrangements are promoted arrangements in relation to Q at any time is to be determined on the assumption that the reference to “design” in paragraph (b) of section 235(3) (definition of “promoter” in relation to relevant arrangements) is omitted.