Finance Act 2016

Condition B

13 (1) Condition B is that (in a case not falling within Condition A above) a follower notice has been given to P by reference to the arrangements (and not withdrawn) and—

(a) the necessary corrective action for the purposes of section 208 of FA 2014 has been taken in respect of the denied advantage, or

(b) the denied advantage has been counteracted otherwise than as mentioned in paragraph (a) and the counteraction of the denied advantage is final.

(2) In sub-paragraph (1) the reference to giving a follower notice to P includes a reference to giving a partnership follower notice in respect of a partnership return in relation to which P is a relevant partner (as defined in paragraph 2(5) of Schedule 31 to FA 2014).

(3) For the purposes of this paragraph it does not matter whether the denied advantage has been dealt with—

(a) wholly as mentioned in one or other of paragraphs (a) and (b) of sub-paragraph (1), or

(b) partly as mentioned in one and partly as mentioned in the other of those paragraphs.

(4) In this paragraph “the denied advantage” has the same meaning as in Chapter 2 of Part 4 of FA 2014 (see section 208(3) of and paragraph 4(3) of Schedule 31 to that Act).

(5) For the purposes of this paragraph the counteraction of a tax advantage is “final” when the adjustments made to effect the counteraction, and any amounts arising as a result of those adjustments, can no longer be varied, on appeal or otherwise.

(6) In this Schedule “follower notice” means a follower notice under Chapter 2 of Part 4 of FA 2014.

(7) For the purposes of this paragraph a partnership follower notice is given “in respect of” the partnership return mentioned in paragraph (a) or (b) of paragraph 2(2) of Schedule 31 to FA 2014.