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Legislation
Taxation (International and Other Provisions) Act 2010

Part 5 Advance pricing agreements

  • Section 218 Meaning of “advance pricing agreement”
  • Section 219 Meaning of “associate” in section 218(2)(e)
  • Section 220 Effect of agreement on party to it
  • Section 221 Effect of revocation of agreement or breach of its conditions
  • Section 222 Effect of agreement on non-parties
  • Section 223 Application for agreement
  • Section 224 Provision in agreement about years ended or begun before agreement made
  • Section 225 Modification and revocation of agreement
  • Section 226 Annulment of agreement for misrepresentation
  • Section 227 Penalty for misrepresentation in connection with agreement
  • Section 228 Party to agreement: duty to provide information
  • Section 229 Modifications of agreement for double taxation purposes
  • Section 230 Interpretation of Part: meaning of “Commissioners” and “officer”
  1. Part 5 · Advance pricing agreements
  2. Effect of agreement on non-parties

Section 222 | Effect of agreement on non-parties

From legislation.gov.uk

(1)Subsections (2), (5) and (6) apply if—

(a)an advance pricing agreement has effect in relation to any provision (“the actual provision”) made or imposed as between any person (“A”) and another (“B”), and

(b)section 220(2) has the effect in A's case of requiring a question relating to the actual provision to be determined in accordance with the agreement rather than by reference to rules which would otherwise be applicable because of Part 4.

(2)The provisions mentioned in subsection (3) have effect in B's case on the assumption that any question within subsection (4) is to be determined, to the same extent as in A's case, by reference to the agreement.

(3)The provisions are—

sections 174 to 178 (transfer pricing: claim by disadvantaged person), and

sections 188 and 189 (transfer pricing: adjustment of double taxation relief if claim made).

(4)The questions are—

(a)whether A is a person on whom a potential advantage in relation to United Kingdom taxation is conferred by the actual provision, and

(b)what constitutes the arm's length provision in relation to the actual provision.

(5)Subsection (2) has effect subject to any advance pricing agreement made between the Commissioners and B.

(6)Any assumptions to be made because of the agreement are “advance-pricing-agreement assumptions” for the purposes of paragraph (b) of the definition in section 185(5) of “transfer-pricing determination”.

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