Textual Amendments
F1Sch. 43D inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 1
4(1)If an officer of Revenue and Customs considers, in relation to a partnership—U.K.
(a)that a partnership return has been made on the basis that a tax advantage arises (or might arise) to one or more partners from tax arrangements that are abusive, and
(b)that, on the assumption that the advantage does arise from tax arrangements that are abusive, it ought to be counteracted under section 209,
the officer may give a written notice to that effect (a “protective GAAR notice”) to the responsible partner.
(2)Subsections (2) to (9) of section 209AA apply in relation to a protective GAAR notice given under this paragraph as they apply in relation to a protective GAAR notice given under that section, subject to the modifications in sub-paragraphs (3) and (4).
(3)Section 209AA(3) is to be read as if—
(a)for “a return made by the person, and” there were substituted “ the partnership return ”, and
(b)paragraph (b) were omitted.
(4)Section 209AA(8) is to be read as if, for “212A”, there were substituted “ 212B ”.]