[F110(1)If a designated HMRC officer—U.K.
(a)has the power to give to a person (“R”) a pooling notice under paragraph 1(3) or a notice of binding under paragraph 2(2) of Schedule 43A in respect of a tax advantage arising from tax arrangements (“R's arrangements”), and
(b)considers that a partnership return has been made on the basis that the tax advantage has arisen to R, or to R and one or more of R's partners, from R's arrangements,
the officer may give the pooling notice or notice of binding to the responsible partner under this paragraph.
(2)A partner (including R) who appears to a designated HMRC officer to fall within sub-paragraph (1)(b) is a “relevant partner” for the purposes of this Part of this Schedule.
(3)If, after the notice has been given, it appears to a designated HMRC officer that the tax advantage has not in fact arisen to a partner specified in the notice, the officer must amend the notice accordingly.
(4)Where a designated HMRC officer so amends the notice—
(a)it is treated as having been given in the amended form, and
(b)the officer may take such other steps as the officer considers appropriate.
(5)The officer may not give a pooling notice under this paragraph if a notice under paragraph 5 has been given in respect of R's arrangements.
(6)The officer may not give a notice of binding under this paragraph if, in respect of R's arrangements, one of the following notices has been given—
(a)a pooling notice under this paragraph, or
(b)a notice under paragraph 5.]
Textual Amendments
F1Sch. 43D inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 1