Textual Amendments
F1Sch. 43A inserted (15.9.2016 with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(2)
6(1)Sub-paragraph (2) applies where—U.K.
(a)a pooling notice is given to a person in relation to any tax arrangements, and
(b)an opinion notice (or opinion notices) under paragraph 11(2) of Schedule 43 about another set of tax arrangements in the pool [F2or the lead arrangements] (“the referred arrangements”) is subsequently given to a designated HMRC officer.
(2)The officer must give the person a pooled arrangements opinion notice.
(3)No more than one pooled arrangements opinion notice may be given to a person in respect of the same tax arrangements.
(4)Where a designated HMRC officer gives a person a notice of binding, the officer must, at the same time, give the person a bound arrangements opinion notice.
Textual Amendments
F2Words in Sch. 43A para. 6(1)(b) inserted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 8
7(1)In relation to a person who is, or has been, given a pooling notice, “pooled arrangements opinion notice” means a written notice which—U.K.
(a)sets out a report prepared by HMRC of any opinion of the GAAR Advisory Panel about the referred arrangements,
(b)explains the person's right to make representations falling within sub-paragraph (3), and
(c)sets out the period in which those representations may be made.
(2)In relation to a person who is given a notice of binding “bound arrangements opinion notice” means a written notice which—
(a)sets out a report prepared by HMRC of any opinion of the GAAR Advisory Panel about the counteracted arrangements (see paragraph 2(1)),
(b)explains the person's right to make representations falling within sub-paragraph (3), and
(c)sets out the period in which those representations may be made.
(3)A person who is given a pooled arrangements opinion notice or a bound arrangements opinion notice has 30 days beginning with the day on which the notice is given to make representations in any of the following categories—
(a)representations that no tax advantage has arisen to the person from the arrangements to which the notice relates;
(b)representations as to why the arrangements to which the notice relates are or may be materially different from—
(i)the referred arrangements (in the case of a pooled arrangements opinion notice), or
(ii)the counteracted arrangements (in the case of a bound arrangements opinion notice).
(4)In sub-paragraph (3)(b) references to “arrangements” include any circumstances which would be relevant in accordance with section 207 to a determination of whether the tax arrangements in question are abusive.]