Part 5Advance pricing agreements
226Annulment of agreement for misrepresentation
1
Subsection (6) applies if each of conditions A to D is met.
2
Condition A is that the Commissioners and any person (“A”) have at any time purported to enter into an advance pricing agreement.
3
Condition B is that, before that time, A fraudulently or negligently provided the Commissioners with information which was false or misleading.
4
Condition C is that the information was so provided—
a
for or in connection with the application to the Commissioners for the making of the agreement, or
b
otherwise in connection with the preparation of the agreement.
5
Condition D is that the Commissioners have notified A that the agreement is nullified by reason of the misrepresentation.
6
The agreement is to be treated as never made.