4

For the purposes of these Regulations, a premium fee, in relation to any arrangements, is a fee which is chargeable by virtue of any element of the arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained arises and is a fee—

a

the amount of which is to a significant extent attributable to that tax advantage; or

b

which is to any extent contingent upon the obtaining of that tax advantage.