Taxation (International and Other Provisions) Act 2010

Interpretation

258 Schemes and series of transactions

(1) In this Part “scheme” means any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving one or more transactions.

(2) In determining whether any transactions have formed or will form part of a series of transactions or scheme for the purposes of this Part, it does not matter if the parties to one of the transactions are different from the parties to another of the transactions.

(3) For the purposes of this Part, the cases in which any two or more transactions form, or form part of, a series of transactions or scheme include the cases where subsection (4) or (5) applies.

(4) This subsection applies if it would be reasonable to assume that one or more of the transactions would not have been entered into independently of the other or others.

(5) This subsection applies if it would be reasonable to assume that one or more of the transactions would not have taken the same form or been on the same terms if entered into independently of the other or others.

259 Minor definitions

(1) In this Part—

• “closure notice” means a notice under paragraph 32 of Schedule 18 to FA 1998,

• “company tax return” means the return required to be delivered pursuant to a notice under paragraph 3 of that Schedule, as read with paragraph 4 of that Schedule,

• “discovery assessment” means an assessment under paragraph 41 of that Schedule,

• “notice of enquiry” means a notice under paragraph 24 of that Schedule, and

• “security” has the meaning given in section 1117(1) of CTA 2010, but subject to section 242(8) of this Act.

(2) Section 1122 of CTA 2010 (meaning of “connected”) applies for the purposes of this Part.