[F1931QSchemes involving diversion of trade incomeU.K.
(1)This section applies to a dividend or other distribution that would, apart from this section, fall into an exempt class.
(2)The distribution does not fall into an exempt class if—
(a)the distribution is made as part of a scheme entered into by the recipient and another relevant person (“C”),
(b)if C had received the distribution, it would be reasonable to assume that the distribution would be dealt with under Part 3 (trading income), and
(c)the main purpose, or one of the main purposes, of the scheme is to produce the result that the distribution is dealt with under this Part because it is received by the recipient.
(3)For the purposes of subsection (2)(b) it is to be assumed that, in the case of any relevant transaction to which a relevant person other than C is a party, C were that party to that transaction.
(4)In this section “relevant transaction” means any of the transactions giving rise to the distribution.]
Textual Amendments
F1Pt. 9A inserted (with effect in accordance with Sch. 14 para. 31 of the amending Act) by Finance Act 2009 (c. 10), Sch. 14 para. 1 (with Sch. 14 para. 32)