SCHEDULES

SCHEDULE 34U.K.Promoters of tax avoidance schemes: threshold conditions

PART 2U.K.Meeting the threshold conditions: bodies corporate [F1and partnerships]

Textual Amendments

F1Words 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)

[F2Relevant bodies controlled etc by other persons treated as meeting a threshold conditionU.K.

Textual Amendments

F2Sch. 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.U.K.

(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).]

Textual Amendments

F3Words in Sch. 34 para. 13B(5) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 19