This section applies if section 733 (company liable to counteraction of corporation tax advantage) applies to a company because it is in a position to obtain or has obtained a corporation tax advantage by falling within the circumstances mentioned in section 738 (receipt of relevant company assets (circumstance E)) when share capital is repaid.

An assessment to corporation tax made in accordance with a counteraction notice must be an assessment for the accounting period in which the repayment occurs.

The references in this section to the repayment of share capital include references to any distribution made in respect of any shares in a winding up or dissolution of the company.

In subsection (3) “shares” includes stock and any other interest of a member in a company.