Section 106C | Amounts not reflecting commercial transactions ^F1

(1)This section applies if—

(a)the person does anything in relation to the trade (“the relevant act”),

(b)there is a difference between—

(i)the amount (if any) that, as a result of the relevant act, would (apart from this section) be brought into account in calculating the profits of the trade for the period, and

(ii)the amount (if any) that would have been so brought into account had the relevant act consisted of a transaction between the person and another person dealing with each other at arm's length in the open market (“the arm's length amount”), and

(c)the profits of the trade for the period are less than they would have been if the arm's length amount had been so brought into account.

(2)The amount to be brought into account in calculating the profits of the trade for the period is an amount that is just and reasonable in all the circumstances.