- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(1)A tax avoidance arrangement is artificial if condition A or B is met.
(2)Condition A is met if the entering into or carrying out of the arrangement is not a reasonable course of action in relation to the tax provisions in question having regard to all the circumstances, including—
(a)whether the substantive results of the arrangement are consistent with—
(i)any principles on which those provisions are based (whether express or implied), and
(ii)the policy objectives of those provisions,
(b)whether the arrangement is intended to exploit any shortcomings in those provisions.
(3)Condition B is met if the arrangement lacks economic or commercial substance.
(4)Each of the following is an example of something which might indicate that a tax avoidance arrangement lacks economic or commercial substance—
(a)whether the arrangement is carried out by a person in a manner which would not normally be employed in reasonable business conduct,
(b)whether the legal characterisation of the steps in the arrangement is inconsistent with the legal substance of the arrangement as a whole,
(c)whether the arrangement includes elements which have the effect of offsetting or cancelling each other,
(d)whether transactions are circular in nature,
(e)whether the arrangement results in a tax advantage that is not reflected in the business risks undertaken by the taxpayer.
(5)The fact that—
(a)a tax avoidance arrangement accords with established practice, and
(b)Revenue Scotland had, at the time the arrangement was entered into, indicated its acceptance of that practice,
is an example of something that might indicate that the arrangement is not artificial.
(6)The examples given in subsections (4) and (5) are not exhaustive.
(7)Where a tax avoidance arrangement forms part of any other arrangements, regard must also be had to those other arrangements.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys