SCHEDULES
SCHEDULE 34Promoters of tax avoidance schemes: threshold conditions
PART 2Meeting the threshold conditions: bodies corporate F1and partnerships
F2Relevant bodies controlled etc by other persons treated as meeting a threshold condition
Sch. 34 Pt. 2 paras. 13B-13D substituted (with effect in accordance with s. 24(5) of the amending Act) by Finance Act 2017 (c. 10), s. 24(2)
13B
1
A relevant body is treated as meeting a threshold condition at the relevant time if any of Conditions A to C is met.
2
Condition A is that—
a
a person met the threshold condition at a time when the person was a promoter, and
b
the person controls or has significant influence over the relevant body at the relevant time.
3
Condition B is that—
a
a person met the threshold condition at a time when the person controlled or had significant influence over the relevant body,
b
the relevant body was a promoter at that time, and
c
the person controls or has significant influence over the relevant body at the relevant time.
4
Condition C is that—
a
two or more persons together controlled or had significant influence over the relevant body at a time when one of those persons met the threshold condition,
b
the relevant body was a promoter at that time, and
c
those persons together control or have significant influence over the relevant body at the relevant time.
5
Where the person referred to in sub-paragraph (2)(a) or (3)(a) or (4)(a) as meeting a threshold condition is an individual F3who does not fall within the case described in paragraph 4 or 5 of Schedule 33A, sub-paragraph (1) only applies if the threshold condition is a relevant threshold condition.
6
For the purposes of sub-paragraph (2) it does not matter whether the relevant body existed at the time referred to in sub-paragraph (2)(a).
Words in Sch. 34 heading inserted (with effect in accordance with Sch. 19 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 19 para. 4(2)