Search Legislation

Finance Act 2013

Status:

This is the original version (as it was originally enacted).

Section 209

SCHEDULE 43General anti-abuse rule: procedural requirements

This schedule has no associated Explanatory Notes

The GAAR Advisory Panel

1(1)In this Part “the GAAR Advisory Panel” means the panel of persons established by the Commissioners for the purposes of the general anti-abuse rule.

(2)In this Schedule “the Chair” means any member of the GAAR Advisory Panel appointed by the Commissioners to chair it.

Meaning of “designated HMRC officer”

2In this Schedule a “designated HMRC officer” means an officer of Revenue and Customs who has been designated by the Commissioners for the purposes of the general anti-abuse rule.

Notice to taxpayer of proposed counteraction of tax advantage

3(1)If a designated HMRC officer considers—

(a)that a tax advantage has arisen to a person (“the taxpayer”) from tax arrangements that are abusive, and

(b)that the advantage ought to be counteracted under section 209,

the officer must give the taxpayer a written notice to that effect.

(2)The notice must—

(a)specify the arrangements and the tax advantage,

(b)explain why the officer considers that a tax advantage has arisen to the taxpayer from tax arrangements that are abusive,

(c)set out the counteraction that the officer considers ought to be taken,

(d)inform the taxpayer of the period under paragraph 4 for making representations, and

(e)explain the effect of paragraphs 5 and 6.

(3)The notice may set out steps that the taxpayer may take to avoid the proposed counteraction.

4(1)If a notice is given to the taxpayer under paragraph 3, the taxpayer has 45 days beginning with the day on which the notice is given to send written representations in response to the notice to the designated HMRC officer.

(2)The designated officer may, on a written request made by the taxpayer, extend the period during which representations may be made.

Referral to GAAR Advisory Panel

5If no representations are made in accordance with paragraph 4, a designated HMRC officer must refer the matter to the GAAR Advisory Panel.

6(1)If representations are made in accordance with paragraph 4, a designated HMRC officer must consider them.

(2)If, after considering them, the designated HMRC officer considers that the tax advantage ought to be counteracted under section 209, the officer must refer the matter to the GAAR Advisory Panel.

7If the matter is referred to the GAAR Advisory Panel, the designated HMRC officer must at the same time provide it with—

(a)a copy of the notice given to the taxpayer under paragraph 3,

(b)a copy of any representations made in accordance with paragraph 4 and any comments that the officer has on those representations, and

(c)a copy of the notice given to the taxpayer under paragraph 8.

8If the matter is referred to the GAAR Advisory Panel, the designated HMRC officer must at the same time give the taxpayer a notice which—

(a)specifies that the matter is being referred,

(b)is accompanied by a copy of any comments provided to the GAAR Advisory Panel under paragraph 7(b), and

(c)informs the taxpayer of the period under paragraph 9 for making representations, and of the requirement under that paragraph to send any representations to the officer.

9(1)The taxpayer has 21 days beginning with the day on which a notice is given under paragraph 8 to send the GAAR Advisory Panel written representations about—

(a)the notice given to the taxpayer under paragraph 3, or

(b)any comments provided under paragraph 7(b).

(2)The GAAR Advisory Panel may, on a written request made by the taxpayer, extend the period during which representations may be made.

(3)The taxpayer must send a copy of any representations to the designated HMRC officer at the same time as the representations are sent to the GAAR Advisory Panel.

(4)If no representations were made in accordance with paragraph 4, the designated HMRC officer—

(a)may provide the GAAR Advisory Panel with comments on any representations made under this paragraph, and

(b)if comments are provided, must at the same time send a copy of them to the taxpayer.

Decision of GAAR Advisory Panel and opinion notices

10(1)If the matter is referred to the GAAR Advisory Panel, the Chair must arrange for a sub-panel consisting of 3 members of the GAAR Advisory Panel (one of whom may be the Chair) to consider it.

(2)The sub-panel may invite the taxpayer or the designated HMRC officer (or both) to supply the sub-panel with further information within a period specified in the invitation.

(3)Invitations must explain the effect of sub-paragraph (4) or (5) (as appropriate).

(4)If the taxpayer supplies information to the sub-panel under this paragraph, the taxpayer must at the same time send a copy of the information to the designated HMRC officer.

(5)If the designated HMRC officer supplies information to the sub-panel under this paragraph, the officer must at the same time send a copy of the information to the taxpayer.

11(1)Where the matter is referred to the GAAR Advisory Panel, the sub-panel must produce—

(a)one opinion notice stating the joint opinion of all the members of the sub-panel, or

(b)two or three opinion notices which taken together state the opinions of all the members.

(2)The sub-panel must give a copy of the opinion notice or notices to—

(a)the designated HMRC officer, and

(b)the taxpayer.

(3)An opinion notice is a notice which states that in the opinion of the members of the sub-panel, or one or more of those members—

(a)the entering into and carrying out of the tax arrangements is a reasonable course of action in relation to the relevant tax provisions—

(i)having regard to all the circumstances (including the matters mentioned in subsections (2)(a) to (c) and (3) of section 207), and

(ii)taking account of subsections (4) to (6) of that section, or

(b)the entering into or carrying out of the tax arrangements is not a reasonable course of action in relation to the relevant tax provisions having regard to those circumstances and taking account of those subsections, or

(c)it is not possible, on the information available, to reach a view on that matter,

and the reasons for that opinion.

(4)For the purposes of the giving of an opinion under this paragraph, the arrangements are to be assumed to be tax arrangements.

(5)In this Part, a reference to any opinion of the GAAR Advisory Panel about any tax arrangements is a reference to the contents of any opinion notice about the arrangements.

Notice of final decision after considering opinion of GAAR Advisory Panel

12(1)A designated HMRC officer who has received a notice or notices under paragraph 11 must, having considered any opinion of the GAAR Advisory Panel about the tax arrangements, give the taxpayer a written notice setting out whether the tax advantage arising from the arrangements is to be counteracted under the general anti-abuse rule.

(2)If the notice states that a tax advantage is to be counteracted, it must also set out—

(a)the adjustments required to give effect to the counteraction, and

(b)if relevant, any steps that the taxpayer is required to take to give effect to it.

Notices may be given on assumption that tax advantage does arise

13(1)A designated HMRC officer may give a notice, or do anything else, under this Schedule where the officer considers that a tax advantage might have arisen to the taxpayer.

(2)Accordingly, any notice given by a designated HMRC officer under this Schedule may be expressed to be given on the assumption that the tax advantage does arise (without agreeing that it does).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources