Corporation Tax Act 2009

1220 Meaning of “unallowable purpose”

(1) For the purposes of section 1219, investments are held for an unallowable purpose during an accounting period so far as they are held during the period—

(a) for a purpose that is not a business or other commercial purpose of the company, or

(b) for the purpose of activities in respect of which the company is not within the charge to corporation tax.

(2) For the purposes of subsection (1)(a) investments are not held for a business or other commercial purpose if they are held directly or indirectly in consequence of, or otherwise in connection with, any arrangements for securing a tax advantage.

(3) In subsection (2) “arrangements for securing a tax advantage” means arrangements the main purpose, or one of the main purposes, of which is to secure—

(a) the allowance of a deduction (or increased deduction) under section 1219, or

(b) any other tax advantage.

(4) Any apportionment needed for the purposes of subsection (1) must be made on a just and reasonable basis.

(5) In this section—

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

(b) “tax advantage” has the meaning given by section 840ZA of ICTA.