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Legislation
Finance Act 2013

PART 5 General anti-abuse rule

  • Section 206 General anti-abuse rule
  • Section 207 Meaning of “tax arrangements” and “abusive”
  • Section 208 Meaning of “tax advantage”
  • Section 209 Counteracting the tax advantages
  • Section 209AA Protective GAAR notices
  • Section 209AB Adjustments under section 209: notices under Schedule 43 or 43A
  • Section 209ABA Adjustments under section 209: notices under Schedule 43D
  • Section 209AC Sections 209AA to 209ABA: definitions
  • Section 209A Effect of adjustments specified in a provisional counteraction notice
  • Section 209B Notified adjustments: 12 month period for taking action if appeal made
  • Section 209C Notified adjustments: case within section 209B(4)(c)
  • Section 209D Notified adjustments: case within section 209B(4)(d)
  • Section 209E Notified adjustments: case within section 209B(4)(e)
  • Section 209F Appeals against provisional counteractions: further provision
  • Section 210 Consequential relieving adjustments
  • Section 211 Proceedings before a court or tribunal
  • Section 212 Relationship between the GAAR and priority rules
  • Section 212A Penalty
  • Section 212B Penalty: partnerships
  • Section 213 Consequential amendment
  • Section 214 Interpretation of Part 5
  • Section 215 Commencement and transitional provision
  1. Part 5 · General anti-abuse rule
  2. Sections 209AA to 209ABA: definitions

Section 209AC | Sections 209AA to 209ABA: definitions F1

From legislation.gov.uk

(1)In sections 209AA to 209ABA—F1F2F3F4

“final GAAR counteraction notice” means a notice given under—

paragraph 12 of Schedule 43,

paragraph 8 or 9 of Schedule 43A, or

paragraph 8 of Schedule 43B,

“GAAR procedural requirements” means the procedural requirements of Schedule 43, 43A , 43B, or (as the case may be) 43D,

“lesser adjustments” means adjustments specified in the final GAAR counteraction notice which assume a smaller tax advantage than was assumed in the protective GAAR notice or (as the case may be) the Schedule 43 or 43A notice (within the meaning of section 209AB) or the Schedule 43D notice (within the meaning of section 209ABA), and

“ordinary assessing time limit”, in relation to any adjustments, means the time limit imposed by or under any enactment other than this Part for the making of the adjustments.

(2)Expressions which are used in section 202 of FA 2014 (“tax enquiry”, and its being “in progress”, and “return”) have the same meaning in sections 209AA to 209ABA as they have in that section (and references to completing a tax enquiry are to be read accordingly).F1F5

Notes

  1. F1

    S. 209AC inserted (22.7.2020) by Finance Act 2020 (c. 14), Sch. 14 para. 5

  2. F2

    Words in s. 209AC(1) substituted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 5(3)(a)

  3. F3

    Words in s. 209AC(1) substituted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 5(3)(b)

  4. F4

    Words in s. 209AC(1) inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 5(3)(c)

  5. F5

    Words in s. 209AC(2) substituted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 5(4)

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