PART 2A

STRUCTURES AND BUILDINGS ALLOWANCES
CHAPTER 9

SUPPLEMENTARY PROVISIONS

Anti-avoidance

Anti-avoidance: general
270IB
1
This section applies if at any time—
a
avoidance arrangements exist in relation to a building or structure (whether or not a person with a relevant interest in the building or structure is party to them), and
b
as a result of those arrangements, a person would, but for this section, obtain a tax advantage under this Part.
2
The tax advantage is to be counteracted by making such adjustments as are just and reasonable.
3
Adjustments made under this section may affect the tax treatment of persons other than the person in relation to whom the tax advantage is counteracted.
4
In subsection (1)(a) “avoidance arrangements” means arrangements the main purpose, or one of the main purposes, of which is to obtain a tax advantage (for any person) under this Part.
5
References in this section to obtaining a tax advantage under this Part include obtaining an allowance that is in any way more favourable to a person than the one that would otherwise be obtained.
6
In subsection (4) “arrangements” includes any agreement (including an agreed valuation), understanding, scheme, transaction or series of transactions (whether or not legally enforceable).
S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7
Pt. 2A inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 2