SCHEDULES

C1SCHEDULE 18Serial tax avoidance

Annotations:
Modifications etc. (not altering text)
C1

Sch. 18 modified (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZA para. 79 (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)

PART 5Penalty

Meaning of “the counteracted advantage” in paragraphs 33 and 34

35

1

In paragraphs 33 and 34 “the counteracted advantage” means—

a

in relation to a relevant defeat incurred by virtue of Condition A, the tax advantage mentioned in paragraph 12(1)(b);

b

in relation to a relevant defeat incurred by virtue of Condition B, the denied advantage in relation to which the action mentioned in paragraph 13(1) is taken;

c

in relation to a relevant defeat incurred by virtue of Condition C, means any tax advantage in respect of which the counteraction mentioned in paragraph 14(1)(c) is made F1;

d

in relation to a relevant defeat incurred by virtue of Condition F, means any tax advantage in respect of which the counteraction mentioned in paragraph 16A(1)(c) is made.

2

In sub-paragraph (1)(c) “counteraction” is to be interpreted in accordance with paragraph 14(5).