95(1)If a person enters into arrangements within sub-paragraph (2), an officer of Revenue and Customs may—U.K.
(a)amend a TTH election, or
(b)amend or disallow a claim,
to secure that the election or claim has effect as if the arrangements had not been entered into.
(2)Arrangements are within this sub-paragraph if it is reasonable to regard the arrangements as—
(a)designed to secure that an entitlement to a repayment, or an increased repayment, of tax by reason of the application of any provision of this Schedule, arises earlier than would (apart from the arrangements) be the case,
(b)circumventing the intended limits of the provisions of this Schedule on an amount that is relevant for the purposes of determining a repayment of tax by reference to those provisions, or
(c)otherwise exploiting shortcomings in those provisions.
(3)In this paragraph, “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).
96(1)If relief is given to a person under the trade loss relief provisions by reference to an amount of the seller's ring fence profits which (by reason of the application of the provisions of this Schedule) is treated as if it were an amount of the purchaser's profits, no relief may be given to any other person by reference to the same amount.U.K.
(2)If a repayment of supplementary charge is made to a person by reference to an amount of the seller's adjusted ring fence profits which (by reason of the application of the provisions of this Schedule) is treated as if it were an amount of the purchaser's adjusted ring fence profits, no repayment may be made to any other person by reference to the same amount.