Section 554Z5 | Overlap with money or asset subject to earlier tax liability ^F1F2

(1)This section applies if there is overlap between—^F2

(a)the sum of money or asset (“sum or asset P”) which is the subject of the relevant step, and^F2

(b)a sum of money or asset (“sum or asset Q”) by reference to which, on an occasion that occurred before the relevant step is taken, A became subject to a liability for income tax (“the earlier tax liability”).^F2

(2)But this section does not apply where—^F2

(a)the earlier tax liability arose by reason of a step within section 554B taken in a tax year before 6 April 2011, and^F2

(b)the value of the relevant step is (or if large enough would be) reduced under paragraph 59 of Schedule 2 to FA 2011.^F2

(3)Where either the payment condition or the liability condition is met, the value of the relevant step is reduced (but not below nil) by an amount equal to so much of the sum of money, or (as the case may be) the value of so much of the asset, as is within the overlap.^F2

(4)The payment condition is that, at the time the relevant step is taken—^F2

(a)the earlier tax liability has become due and payable, and^F2

(b)either—^F2

(i)it has been paid in full, or^F2

(ii)the person liable for the earlier tax liability has agreed terms with an officer of Revenue and Customs for the discharge of that liability.^F2

(5)The liability condition is that, at the time the relevant step is taken, the earlier tax liability is not yet due and payable.^F2

(6)For the purposes of this section there is overlap between sum or asset P and sum or asset Q so far as it is just and reasonable to conclude that—^F2

(a)they are the same sum of money or asset, or^F2

(b)sum or asset P directly, or indirectly, represents sum or asset Q.^F2

(7)Subsection (8) applies where—^F2

(a)the earlier tax liability arose by virtue of the application of this Chapter by reason of an earlier relevant step (the “earlier relevant step”), and^F2

(b)reductions were made under this section to the value of the earlier relevant step.^F2

(8)Where this subsection applies, sum or asset P is treated as overlapping with any other sum of money or asset so far as the other sum of money or asset was treated as overlapping with sum or asset Q for the purposes of this section.^F2

(9)In subsection (1)(b)—^F2

(a)the reference to A includes a reference to any person linked with A, and^F2

(b)the reference to a liability for income tax does not include a reference to a liability for income tax arising by reason of section 175 (benefit of taxable cheap loan treated as earnings).^F2

(10)In subsection (3) the reference to the value of the relevant step is a reference to that value—^F2

(a)after any reductions made to it under section 554Z4, this section or 554Z7, but^F2

(b)before any reductions made to it under section 554Z6 or 554Z8.^F2

(11)For the purposes of subsection (4)(b)(i) a person is not to be regarded as having paid any tax by reason only of making—^F2

(a)a payment on account of income tax,^F2

(b)a payment that is treated as a payment on account under section 223(3) of FA 2014 (accelerated payments), or^F2

(c)a payment pending determination of an appeal made in accordance with section 55 of TMA 1970.^F2

(12)See paragraphs 4(5) and (6) and 12(4) and (5) of Schedule 11 of F(No. 2)A 2017) for provision about the effect of subsection (3) in certain cases where the relevant step is within paragraph 1 of that Schedule.^F3