Finance Act 2016

64 (1) A relevant defeat is to be disregarded for the purposes of this Schedule if it is incurred before 6 April 2017 in relation to arrangements which the person has entered into before the day on which this Act is passed.

(2) A relevant defeat incurred on or after 6 April 2017 is to be disregarded for the purposes of this Schedule if—

(a) the person entered into the arrangements concerned before the day on which this Act is passed, and

(b) before 6 April 2017—

(i) the person incurring the defeat fully discloses to HMRC the matters to which the relevant counteraction relates, or

(ii) that person gives HMRC notice of a firm intention to make a full disclosure of those matters and makes such a full disclosure within any time limit set by HMRC.

(3) In sub-paragraph (2) “the relevant counteraction” means—

(a) in a case within Condition A, the counteraction mentioned in paragraph 12(1)(c);

(b) in a case within Condition B, the action mentioned in paragraph 13(1);

(c) in a case within Condition C, the counteraction mentioned in paragraph 14(1)(c);

(d) in a case within Condition D, the counteraction mentioned in paragraph 15(1)(d);

(e) in a case within Condition E, the counteraction mentioned in paragraph 16(1)(c).

(4) In sub-paragraph (3)—

(a) in paragraph (c) “counteraction” is to be interpreted in accordance with paragraph 14(5);

(b) in paragraph (d) “counteraction” is to be interpreted in accordance with paragraph 15(5);

(c) in paragraph (e) “counteraction” is to be interpreted in accordance with paragraph 16(2).

(5) See paragraph 11(2) for provision about when a relevant defeat is incurred.