F1PART 6AHybrid and other mismatches

Annotations:
Amendments (Textual)
F1

Pt. 6A inserted (with effect in accordance with Sch. 10 paras. 18-21 of the amending Act) by Finance Act 2016 (c. 24), Sch. 10 para. 1

CHAPTER 7Hybrid payee deduction/non-inclusion mismatches

Application of Chapter

259GACircumstances in which the Chapter applies

1

This Chapter applies if conditions A to E are met.

2

Condition A is that a payment or quasi-payment is made under, or in connection with, an arrangement.

3

Condition B is that a payee is a hybrid entity (a “hybrid payee”).

4

Condition C is that—

a

the payer is within the charge to corporation tax for the payment period,

b

an investor in a hybrid payee is within the charge to corporation tax for an accounting period some or all of which falls within the payment period, or

c

a hybrid payee is a limited liability partnership.

5

Condition D is that it is reasonable to suppose that, disregarding the provisions mentioned in subsection (6), there would be a hybrid payee deduction/non-inclusion mismatch in relation to the payment or quasi-payment (see section 259GB).

6

The provisions are—

a

this Chapter and Chapters 8 to 10, and

b

any equivalent provision under the law of a territory outside the United Kingdom.

7

Condition E is that—

a

it is a quasi-payment that is made as mentioned in subsection (2) and the payer is also a hybrid payee (see section 259BB(7)),

b

the payer and a hybrid payee or an investor in a hybrid payee are in the same control group (see section 259NB) at any time in the period—

i

beginning with the day on which the arrangement mentioned in subsection (2) is made, and

ii

ending with the last day of the payment period, or

c

that arrangement is a structured arrangement.

8

The arrangement is “structured” if it is reasonable to suppose that—

a

the arrangement is designed to secure a hybrid payee deduction/non-inclusion mismatch, or

b

the terms of the arrangement share the economic benefit of the mismatch between the parties to the arrangement or otherwise reflect the fact that the mismatch is expected to arise.

9

The arrangement may be designed to secure a hybrid payee deduction/non-inclusion mismatch despite also being designed to secure any commercial or other objective.

10

The following provisions contain provision for the counteraction of the hybrid payee deduction/non-inclusion mismatch—

a

section 259GC (cases where the payer is within the charge to corporation tax for the payment period),

b

section 259GD (cases where an investor in a hybrid payee is within the charge to corporation tax), and

c

section 259GE (cases where a hybrid payee is a limited liability partnership).