56(1)In this Schedule—U.K.
“abusive tax arrangements” has the meaning given by paragraph 3;
“arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);
“business” includes any trade or profession;
“the Commissioners” means the Commissioners for Her Majesty‘s Revenue and Customs;
“company” has the same meaning as in the Corporation Tax Acts (see section 1121 of CTA 2010);
“contract settlement” (except in paragraph 46(6)) means an agreement in connection with a person's liability to make a payment to the Commissioners under or by virtue of an enactment;
“a defeat”, in relation to arrangements, is to be read in accordance with paragraph 4;
a “designated HMRC officer” means an officer of Revenue and Customs who has been designated by the Commissioners for the purposes of this Schedule;
“the GAAR Advisory Panel” has the meaning given by paragraph 1 of Schedule 43 to FA 2013;
“group” is to be read in accordance with sub-paragraph (2);
“HMRC” means Her Majesty's Revenue and Customs;
“national insurance contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
a “NICs decision” means a decision under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 or Article 7 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (SI 1999/671) relating to a person‘s liability for relevant contributions;
“relevant contributions” means any of the following contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—
Class 1 contributions;
Class 1A contributions;
Class 1B contributions;
Class 2 contributions which must be paid but in relation to which section 11A of the Act in question (application of certain provisions of the Income Tax Acts) does not apply;
“tax” is to be read in accordance with paragraph 54;
“tax advantage” is to be read in accordance with paragraph 55.
(2)For the purposes of this Schedule two companies are members of the same group if—
(a)one is a 75% subsidiary of the other, or
(b)both are 75% subsidiaries of a third company;
and in this paragraph “75% subsidiary” has, subject to sub-paragraph (3), the meaning given by section 1154 of CTA 2010.
(3)So far as relating to 75% subsidiaries, section 151(4) of CTA 2010 (requirements relating to beneficial ownership) applies for the purposes of this Schedule as it applies for the purposes of Part 5 of that Act.
(4)In this Schedule references to an assessment to tax, however expressed—
(a)in relation to inheritance tax and petroleum revenue tax, include a determination;
(b)in relation to relevant contributions, include a NICs decision.