Finance Act 2014 (c. 26)

SCHEDULES

[F1 SCHEDULE 34A U.K. Promoters of tax avoidance schemes: defeated arrangements

Textual Amendments

F1 Sch. 34A inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(5)

PART 4 U.K. Meeting section 237A conditions: bodies corporate and partnerships

Treating persons under another's control as meeting section 237A condition U.K.

20 (1) A relevant body (“RB”) is treated as meeting a section 237A condition at the section 237A(2) relevant time if— U.K.

(a) that condition was met by a person (“C”) at a time when—

(i) C was carrying on a business as a promoter, or

(ii) RB was carrying on a business as a promoter and C controlled RB, and

(b) RB is controlled by C at the section 237A(2) relevant time.

(2) Sub-paragraph (1) does not apply if C is an individual.

(3) For the purposes of determining whether the requirements of sub-paragraph (1) are met by reason of meeting the requirement in sub-paragraph (1)(a)(i), it does not matter whether RB existed at the time when C met the section 237A condition.

Treating persons in control of others as meeting section 237A condition U.K.

21 (1) A person other than an individual is treated as meeting a section 237A condition at the section 237A(2) relevant time if— U.K.

(a) a relevant body (“A”) met the condition at a time when A was controlled by the person, and

(b) at the time mentioned in paragraph (a) A, or another relevant body (“B”) which was also at that time controlled by the person, carried on a business as a promoter.

(2) For the purposes of determining whether the requirements of sub-paragraph (1) are met it does not matter whether A or B (or neither) exists at the section 237A(2) relevant time.

Treating persons controlled by the same person as meeting section 237A condition U.K.

22 (1) A relevant body (“RB”) is treated as meeting a section 237A condition at the section 237A(2) relevant time if— U.K.

(a) another relevant body met that condition at a time (“time T”) when it was controlled by a person (“C”),

(b) at time T, there was a relevant body controlled by C which carried on a business as a promoter, and

(c) RB is controlled by C at the section 237A(2) relevant time.

(2) For the purposes of determining whether the requirements of sub-paragraph (1) are met it does not matter whether—

(a) RB existed at time T, or

(b) any relevant body (other than RB) by reason of which the requirements of sub-paragraph (1) are met exists at the section 237A(2) relevant time.

Interpretation U.K.

23 (1) In this Part of this Schedule— U.K.

• “control” has the same meaning as in Part 3 of this Schedule;

• “relevant body” has the same meaning as in Part 3 of this Schedule;

• “section 237A(2) relevant time” means the time referred to in section 237A(2);

• “section 237A condition” means any of the conditions in section 237A(11), (12) and (13).

(2) For the purposes of paragraphs 20(1)(a), 21(1)(a) and 22(1)(a), the condition in section 237A(11) (occurrence of 3 relevant defeats in the 3 years ending with the relevant time) is taken to have been met by a person at any time if at least 3 relevant defeats have occurred in relation to the person in the period of 3 years ending with that time.]