Finance Act 2016

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

35(1)In paragraphs 33 and 34 “the counteracted advantage” means—U.K.

(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).

Textual Amendments

F1Sch. 18 para. 35(1)(d) inserted (16.11.2017 for specified purposes, 1.1.2018 in so far as not already in force) by Finance (No. 2) Act 2017 (c. 32), s. 66(4), Sch. 17 para. 55(15)