Finance Act 2014

Supplemental U.K.

281 Partnerships U.K.

Schedule 36 contains provision about the application of this Part to partnerships.

[F1 281A VAT [F2 and other indirect taxes] U.K.

(1) In the provisions mentioned in subsection (2)—

(a) “tax” includes value added tax [F3 and other indirect taxes], and

(b) “tax advantage” has the meaning given by section 234(3) and also includes a tax advantage as defined [F4 for VAT in paragraph 6, and for other indirect taxes in paragraph 7, of Schedule 17 to FA 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes).]

(2) Those provisions are—

(a) section 237D;

(b) section 241B;

(c) Schedule 34A.

(3) Other references in this Part to “tax” are to be read as including value added tax [F5 or other indirect taxes] so far as that is necessary for the purposes of sections 237A to 237D, 241A and 241B and Schedule 34A; but “tax” does not include value added tax [F5 or other indirect taxes] in section 237A(10) or 237B(3).

[F6 (4) In this section “indirect tax” has the same meaning as in Schedule 17 to FA 2017.]]

Textual Amendments

F1 S. 281A inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(7)

F2 Words in s. 281A heading inserted (16.11.2017 for specified purposes, 1.1.2018 in so far as not already in force) by Finance (No. 2) Act 2017 (c. 32), s. 66(4), Sch. 17 para. 53(2)

F3 Words in s. 281A(1)(a) inserted (16.11.2017 for specified purposes, 1.1.2018 in so far as not already in force) by Finance (No. 2) Act 2017 (c. 32), s. 66(4), Sch. 17 para. 53(3)(a)

F4 Words in s. 281A(1)(b) substituted (16.11.2017 for specified purposes, 1.1.2018 in so far as not already in force) by Finance (No. 2) Act 2017 (c. 32), s. 66(4), Sch. 17 para. 53(3)(b)

F5 Words in s. 281A(3) inserted (16.11.2017 for specified purposes, 1.1.2018 in so far as not already in force) by Finance (No. 2) Act 2017 (c. 32), s. 66(4), Sch. 17 para. 53(4)

F6 S. 281A(4) inserted (16.11.2017 for specified purposes, 1.1.2018 in so far as not already in force) by Finance (No. 2) Act 2017 (c. 32), s. 66(4), Sch. 17 para. 53(5)

282 Regulations under this Part U.K.

(1) Regulations under this Part are to be made by statutory instrument.

(2) Apart from an instrument to which subsection (3) applies, a statutory instrument containing regulations made under this Part is subject to annulment in pursuance of a resolution of the House of Commons.

(3) A statutory instrument containing (whether alone or with other provision) regulations made under—

(a) section 238(7),

(b) paragraph 14 of Schedule 34,

[F7 (ba) paragraph 31 of Schedule 34A,]

(c) paragraph 5(1) of Schedule 35, or

(d) paragraph 21 of Schedule 36,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

(4) Regulations under this Part—

(a) may make different provision for different purposes;

(b) may include transitional provision and savings.

Textual Amendments

F7 S. 282(3)(ba) inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(8)

283 Interpretation of this Part U.K.

(1) In this Part—

• “arrangements” has the meaning given by section 234(4);

• “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• “calendar quarter” means a period of 3 months beginning with 1 January, 1 April, 1 July or 1 October;

• “conduct notice” means a notice of the description in section 238 that is given under—

  (a)

  section 237(7) [F8 or (7A)],

  (aa)

  [F9 section 237A(8),

  (ab)

  section 237B(1),]

  (b)

  section 245(7), or

  (c)

  paragraph 8(2) or (3) or 10(3)(a) or (4)(a) of Schedule 36;

• [F10 “contract settlement” means an agreement in connection with a person's liability to make a payment to the Commissioners under or by virtue of an enactment;]

• [F10 “defeat” , in relation to arrangements, has the meaning given by paragraph 10 of Schedule 34A;]

• [F10 “defeat notice” has the meaning given by section 241A(7);]

• [F10 “double defeat notice” has the meaning given by section 241A(7);]

• [F10 “final” , in relation to a judicial ruling, is to be interpreted in accordance with section 237D(6);]

• “HMRC” means Her Majesty's Revenue and Customs;

• “firm approach” has the meaning given by section 235(4);

• [F10 “judicial ruling” means a ruling of a court or tribunal on one or more issues;]

• [F10 “look-forward period”, in relation to a defeat notice, has the meaning given by section 241A(10);]

• “monitored promoter” has the meaning given by section 244(5);

• “monitored proposal” and “monitored arrangements” have the meaning given by section 254;

• “monitoring notice” means a notice given under section 244(1) or paragraph 9(2) or (3) or 10(3)(b) or (4)(b) of Schedule 36;

• “the original monitoring notice” has the meaning given by paragraph 11(2) of Schedule 36;

• “prescribed” means prescribed, or of a description prescribed, in regulations made by the Commissioners;

• “promoter reference number” has the meaning given by section 250(5);

• [F11 “promotion structure” is to be construed in accordance with section 235(1A) and Schedule 33A;]

• [F10 “provisional” , in relation to a conduct notice given under section 237A(8), is to be interpreted in accordance with section 237C;]

• [F10 “related” , in relation to arrangements, is to be interpreted in accordance with paragraph 2 of Schedule 34A;]

• “relevant arrangements” has the meaning given by section 234(2);

• [F10 “relevant defeat” , in relation to a person, is to be interpreted in accordance with Schedule 34A;]

• “relevant proposal” has the meaning given by section 234(1);

• [F10 “relies on a Case 3 relevant defeat” is to be interpreted in accordance section 237B(5);]

• “replacement conduct notice” has the meaning given by paragraph 11(1) of Schedule 36;

• “replacement monitoring notice” has the meaning given by paragraph 11(1) of Schedule 36;

• [F10 “single defeat notice” has the meaning given by section 241A(7).]

• [F12 “stop notice” means a notice given under section 236A(1);

• “subject to a stop notice” , in relation to a person, is to be construed in accordance with section 236B(2);]

• “tax” [F13 (except in provisions to which section 281A applies)] means—

  (a)

  income tax,

  (b)

  capital gains tax,

  (c)

  corporation tax,

  (d)

  petroleum revenue tax,

  (da)

  [F14 apprenticeship levy,]

  (e)

  inheritance tax,

  (f)

  stamp duty land tax,

  (g)

  stamp duty reserve tax, or

  (h)

  annual tax on enveloped dwellings;

• “tax advantage” has the meaning given by section 234(3) [F15 (but see also section 281A)];

• “Taxes Acts” has the same meaning as in TMA 1970 (see section 118(1) of that Act);

• “the tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.

(2) A reference in a provision of this Part to an authorised officer is to an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purposes of that provision.

(3) A reference in a provision of this Part to meeting a threshold condition is to meeting one of the conditions described in paragraphs 2 to 12 of Schedule 34.

[F16 (4) Any reference in this Part to a person's activities as a promoter includes—

(a) if the person falls within the case described in paragraph 2 of Schedule 33A, the activities carried out by the person and other persons by virtue of which the person falls within the case,

(b) if the person falls within the case described in paragraph 3 of that Schedule, activities carried out under the instruction or guidance of a person who carries on business as a promoter,

(c) if the person falls within the case described in paragraph 4 of that Schedule, the activities of the body corporate or partnership that the person controls, and

(d) if the person falls within the case described in paragraph 5 by virtue of sub-paragraph (1)(b) of that paragraph, the activities of the body corporate or partnership that the person controls.]

Textual Amendments

F8 Words in s. 283 inserted (with effect in accordance with Sch. 19 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 19 para. 3

F9 Words in s. 283(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(9)(a)

F10 Words in s. 283(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(9)(d)

F11 Words in s. 283(1) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 18(a)

F12 Words in s. 283(1) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 6

F13 Words in s. 283(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(9)(b)

F14 Words in s. 283(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 104(8) (with s. 117)

F15 Words in s. 283(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(9)(c)

F16 S. 283(4) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 18(b)