Free legislation on LexisWeb is as enacted and does not take into account any amendments
(1) This section applies if the Commissioners for Her Majesty's Revenue and Customs think that a company to which this Part applies has tried to obtain a tax advantage for itself or another person.
(2) The Commissioners may give a notice to the company specifying the tax advantage.
(3) If the Commissioners give a notice to the company under subsection (2)—
(a) a tax advantage obtained by the company shall be counteracted, in accordance with the notice, by an adjustment by way of—
(i) an assessment;
(ii) the cancellation of a right of repayment;
(iii) a requirement to return a repayment already made;
(iv) the computation or recomputation of profits or gains, or liability to tax, on a basis specified by the Commissioners in the notice, and
(b) the Commissioners may (in addition to the adjustment under paragraph (a)) assess the company to such additional amount of corporation tax under Case VI of Schedule D as they think is equivalent to the value of the tax advantage.
(4) For the purposes of this section “tax advantage” has the meaning given by section 709 of ICTA (and includes, in particular, entering into arrangements the sole or main purpose of which is to avoid or reduce a charge to tax under section 112).
(5) But a company does not obtain a tax advantage by reason only of this Part applying to it, unless it does anything (whether before or during the application of this Part) which in the Commissioners' opinion is wholly or principally designed—
(a) to create or inflate or apply a loss, deduction or expense (whether or not suffered or incurred by the company), or
(b) to have another effect of a kind specified for the purposes of this subsection by regulations made by the Treasury.
(6) Where a notice is given to a company under subsection (2), the company may appeal to the Special Commissioners.
(7) An appeal must be instituted by notice given in writing to the Commissioners for Her Majesty's Revenue and Customs during the period of 30 days beginning with the date on which the notice under subsection (2) is given to the company.
This Act received Royal Assent on 19 July 2006: for provision as the application of this section see ss 109, 110, 145(1).