Finance Act 2013

[F1 Pooling notices U.K.

Textual Amendments

F1 Sch. 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)

1 (1) This paragraph applies where a person has been given a notice under paragraph 3 of Schedule 43 [F2 , or paragraph 5 of Schedule 43D,] in relation to any tax arrangements (the “lead arrangements”) and the condition in sub-paragraph (2) is met. U.K.

(2) The condition is that the period of 45 days mentioned in paragraph 4(1) of Schedule 43 has expired but no notice under paragraph 12 of Schedule 43 or paragraph 8 of Schedule 43B has yet been given in respect of the matter.

(3) If a designated HMRC officer considers—

(a) that a tax advantage has arisen to [F3 a] person (“R”) from tax arrangements [F4 (other than the lead arrangements)] that are abusive,

(b) that those tax arrangements (“R's arrangements”) are equivalent to the lead arrangements, and

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

the officer may give R a notice (a “pooling notice”) [F5 to that effect].

[F6 (3A) For the purposes of this Schedule and Schedule 43B, all the tax arrangements in relation to which pooling notices have been served in respect of the same lead arrangements are to be regarded as being in a “pool” together.]

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The officer may not give R a pooling notice if R has been given in respect of R's arrangements a notice under paragraph 3 of Schedule 43.]

Textual Amendments

F2 Words in Sch. 43A para. 1(1) inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 11(2)

F3 Word in Sch. 43A para. 1(3)(a) substituted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 3(2)(a)(i)

F4 Words in Sch. 43A para. 1(3)(a) inserted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 3(2)(a)(ii)

F5 Words in Sch. 43A para. 1(3) substituted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 3(2)(b)

F6 Sch. 43A para. 1(3A) inserted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 3(3)

F7 Sch. 43A para. 1(4)(5) omitted (5.12.2017) by virtue of The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 3(4)