Finance Act 2020

Interpretation

19 In this Schedule—

• “authorised HMRC officer” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for Her Majesty’s Revenue and Customs for the purpose of this Schedule;

• “company” has the meaning given by paragraph 1(3);

• “contract settlement” means an agreement in connection with a person’s liability to make a payment to HMRC under or by virtue of an enactment;

• “creditors’ voluntary winding up” has the meaning given by—

  (a)

  section 90 of the Insolvency Act 1986 (“the 1986 Act”) (in relation to England and Wales and Scotland), or

  (b)

  Article 76 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (“the 1989 Order”) (in relation to Northern Ireland);

• “director” has the meaning given by section 250 of the Companies Act 2006;

• “joint liability notice” has the meaning given by paragraph 1(2);

• “HMRC” means Her Majesty’s Revenue and Customs;

• “insolvency procedure” has the meaning given by paragraph 8;

• “limited liability partnership” means a body incorporated under the Limited Liability Partnerships Act 2000;

• “member”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act 2000 (see section 4 of that Act);

• “members’ voluntary winding up” has the meaning given by—

  (a)

  section 90 of the 1986 Act (in relation to England and Wales and Scotland), or

  (b)

  Article 76 of the 1989 Order (in relation to Northern Ireland);

• “notice” means notice in writing;

• “notify” means notify in writing;

• “the official rate”, in relation to interest, means the rate payable under section 189 of the 1986 Act or (as the case may be) Article 160 of the 1989 Order;

• “participator” has the meaning given by section 454 of CTA 2010;

• “relevant conditions” has the meaning given by paragraph 10(2);

• “shadow director” has the meaning given by section 251 of the Companies Act 2006;

• “shadow member”, in relation to a limited liability partnership, means a person in accordance with whose directions or instructions the members of the partnership are accustomed to act (except that a person is not treated as a shadow member by reason only that the members of the partnership act on advice given by the person in a professional capacity);

• “tax-avoidance arrangements” has the meaning given by paragraph 6;

• “tax-evasive conduct” has the meaning given by paragraph 7;

• “tax liability”, in relation to a company, means any amount payable to the Commissioners for Her Majesty’s Revenue and Customs by the company under or by virtue of an enactment or under a contract settlement;

• “unsecured creditor” has the meaning given by—

  (a)

  section 248 of the 1986 Act (in relation to England and Wales and Scotland);

  (b)

  Article 5(1) of the 1989 Order (in relation to Northern Ireland).