PART 6

Miscellaneous and final

Avoidance

Winding-up petitions by an officer of Revenue and Customs
85
1
Subsection (2) applies where it appears to an officer of Revenue and Customs that it is expedient in the public interest, for the purposes of protecting the public revenue, that a relevant body should be wound up.
2
The officer may present a petition to the court for the winding up of the body.
3
On such a petition, the court may wind up the body if the court is of the opinion that it is just and equitable that it should be wound up.
4
In this section—
- “court” means—
  1. the court having jurisdiction for the purposes of the Insolvency Act 1986, or
  2. in Northern Ireland, the High Court;
- “indirect tax” has the same meaning as in Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes);
- “relevant body” means a body, including a partnership, that—
  1. carries on a business as a promoter within the meaning of Part 5 of FA 2014 (promoters of tax avoidance schemes) as if, in sections 234 and 235 of that Part, references to—
    1. “tax” included value added tax and other indirect taxes, and
    2. “tax advantage” included a tax advantage as defined for value added tax in paragraph 6, and for other indirect taxes in paragraph 7, of Schedule 17 to F(No.2)A 2017;
  2. is connected to a body within paragraph (a) (within the meaning of section 1122 of CTA 2010 (“connected” persons)).
5
If a petition is presented under subsection (2) for the winding up of a partnership, the court has jurisdiction, and the Insolvency Act 1986 (or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))) has effect, as if the partnership were an unregistered company as defined by section 220 of that Act (or Article 184 of that Order).
6
The rules governing the practice and procedure (including fees) in respect of petitions under section 124A of the Insolvency Act 1986 or Article 104A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) apply to petitions under this section, subject to any necessary modifications.