Part 12

Supplementary provisions
Chapter 5

Miscellaneous

Anti-avoidance

Avoidance affecting proceeds of balancing event
570A
1
This section applies where an event occurs in relation to an asset (a “
balancing event
”) as a result of which a balancing allowance would (but for this section) fall to be made to a person (“the taxpayer”) under Part
...
, 3A
... ...
5 or 10.
2
The taxpayer is not entitled to any balancing allowance if, as a result of a tax avoidance scheme, the amount to be brought into account as the proceeds from the event is less than it would otherwise have been.
3
In subsection (2) a “
tax avoidance scheme
” means a scheme or arrangement the main purpose, or one of the main purposes, of which is the obtaining of a tax advantage by the taxpayer.
4
Where this section applies to deny a balancing allowance, the residue of qualifying expenditure immediately after the balancing event is nevertheless calculated as if the balancing allowance had been made.
5
In this section as it applies for the purposes of Part 5 (mineral extraction allowances)—
a
the references to the proceeds from the balancing event that are to be brought into account shall be read as references to the disposal value to be brought into account, and
b
the reference to the residue of qualifying expenditure shall be read as a reference to the unrelieved qualifying expenditure.
S. 570A and cross-heading inserted (10.7.2003) by
Finance Act 2003 (c. 14)
,
s. 164(1)
(with
s. 164(2)
)
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
Word in s. 570A(1) inserted (with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 9; S.I. 2007/949, art. 2
Word in s. 570A(1) omitted (with effect in accordance with Sch. 27 para. 30(1) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 27 para. 17
Word in s. 570A(1) omitted (with effect in accordance with Sch. 39 para. 40 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 38(6) (with Sch. 39 paras. 41, 42)