39(1)There is a significant tax issue in respect of a UK group or a member of a UK group where—U.K.
(a)there is a disagreement between HMRC and a member of the group about an issue affecting the amount of the liability of the group or a member of the group to UK taxation,
(b)the issue has been, or could be, referred to a court or tribunal to determine, and
(c)as regards the amount of the liability, the difference between HMRC's view and the view of the member is, or is likely to be, not less than £2 million.
(2)The reference in sub-paragraph (1)(a) to circumstances in which there is a disagreement include circumstances in which there is a reasonable likelihood of a disagreement.
(3)The Treasury may by regulations substitute a higher amount for the amount for the time being specified in sub-paragraph (1)(c).