Section 864 | Tax avoidance arrangements to be ignored

(1)In determining whether a credit or a debit is to be brought into account under this Part and, if so, its amount, any tax avoidance arrangements are ignored.

(2)Arrangements are “tax avoidance arrangements” for this purpose if their main object or one of their main objects is to enable a company—

(a)to obtain a debit under this Part to which it would not otherwise be entitled,

(b)to obtain a debit under this Part which exceeds that to which it would otherwise be entitled,

(c)to avoid having to bring a credit into account under this Part, or

(d)to reduce the amount of any such credit.

(3)In this section—

“arrangements” includes any scheme, agreement or understanding, whether or not it is legally enforceable, and

“brought into account” means brought into account for tax purposes.