Finance Act 2013 (c. 29)

SCHEDULES

[F1 SCHEDULE 43A U.K. Procedural requirements: pooling notices and notices of binding

Textual Amendments

F1 Sch. 43A inserted (15.9.2016 with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(2)

Notice of proposal to bind arrangements to counteracted arrangements U.K.

2 (1) This paragraph applies where a counteraction notice has been given to a person in relation to any tax arrangements (the “counteracted arrangements”) F2 .... U.K.

(2) If a designated HMRC officer considers—

(a) that a tax advantage has arisen to [F3 a] person (“R”) from tax arrangements [F4 (other than the counteracted arrangements)] that are abusive,

(b) that those tax arrangements (“R's arrangements”) are equivalent to the counteracted arrangements, and

(c) that the advantage ought to be counteracted under section 209,

the officer may give R a notice (a “notice of binding”) in relation to R's arrangements.

(3) The officer may not give R a notice of binding if R has been given in respect of R's arrangements a notice under—

(a) paragraph 1, or

(b) paragraph 3 of Schedule 43.

(4) In this paragraph “counteraction notice” means a notice such as is mentioned in sub-paragraph (2) of paragraph 12 of Schedule 43 or sub-paragraph (3) of paragraph 8 of Schedule 43B (notice of final decision to counteract).]

Textual Amendments

F2 Words in Sch. 43A para. 2(1) omitted (5.12.2017) by virtue of The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 4(2)

F3 Word in Sch. 43A para. 2(2)(a) substituted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 4(3)(a)

F4 Words in Sch. 43A para. 2(2)(a) inserted (5.12.2017) by The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017 (S.I. 2017/1090), regs. 1, 4(3)(b)