156 General anti-abuse rule: provisional counteractions
Finance Act 2016 (2016 c 24) | Legislation

Part 10 Tax Avoidance and Evasion

General Anti-Abuse Rule

156  General anti-abuse rule: provisional counteractions

(1)     In Part 5 of FA 2013 (general anti-abuse rule), after section 209 insert—

“209A Effect of adjustments specified in a provisional counteraction notice

(1)     Adjustments made by an officer of Revenue and Customs which—

(a)     are specified in a provisional counteraction notice given to a person by the officer (and have not been cancelled: see sections 209B to 209E),

(b)     are made in respect of a tax advantage that would (ignoring this Part) arise from tax arrangements that are abusive, and

(c)     but for section 209(6)(a), would have effected a valid counteraction of that tax advantage under section 209,

are treated for all purposes as effecting a valid counteraction of the tax advantage under that section.

(2)     A “provisional counteraction notice” is a notice which—

(a)     specifies adjustments (the “notified adjustments”) which the officer reasonably believes may be required under section 209(1) to counteract a tax advantage that would (ignoring this Part) arise to the person from tax arrangements;

(b)     specifies the arrangements and the tax advantage concerned, and

(c)     notifies the person of the person's rights of appeal with respect to the notified

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