Section 210 | Consequential relieving adjustments

(1)This section applies where—

(a)the counteraction of a tax advantage under section 209 is final, and

(b)if the case is not one in which notice of the counteraction was given under paragraph 12 of Schedule 43, paragraph 8 or 9 of Schedule 43A or paragraph 8 of Schedule 43B, HMRC have been notified of the counteraction ....^F1F2

(2)A person has 12 months, beginning with the day on which the counteraction becomes final, to make a claim for one or more consequential adjustments to be made in respect of any tax to which the general anti-abuse rule applies.

(3)On a claim under this section, an officer of Revenue and Customs must make such of the consequential adjustments claimed (if any) as are just and reasonable.

(4)Consequential adjustments—

(a)may be made in respect of any period, and

(b)may affect any person (whether or not a party to the tax arrangements).

(5)But nothing in this section requires or permits an officer to make a consequential adjustment the effect of which is to increase a person's liability to any tax.

(6)For the purposes of this section—

(a)if the claim relates to income tax or capital gains tax, Schedule 1A to TMA 1970 applies to it;

(b)if the claim relates to corporation tax, Schedule 1A to TMA 1970 (and not Schedule 18 to FA 1998) applies to it;

(c)if the claim relates to petroleum revenue tax, Schedule 1A to TMA 1970 applies to it, but as if the reference in paragraph 2A(4) of that Schedule to a year of assessment included a reference to a chargeable period within the meaning of OTA 1975 (see section 1(3) and (4) of that Act);

(d)if the claim relates to inheritance tax it must be made in writing to HMRC and section 221 of IHTA 1984 applies as if the claim were a claim under that Act;

(e)if the claim relates to stamp duty land tax or annual tax on enveloped dwellings, Schedule 11A to FA 2003 applies to it as if it were a claim to which paragraph 1 of that Schedule applies.

(7)Where an officer of Revenue and Customs makes a consequential adjustment under this section, the officer must give the person who made the claim written notice describing the adjustment which has been made.

(8)For the purposes of this section the counteraction of a tax advantage is final when the adjustments made to effect the counteraction, and any amounts arising as a result of those adjustments, can no longer be varied, on appeal or otherwise.

(9)Any adjustments required to be made under this section may be made—

(a)by way of an assessment, the modification of an assessment, the amendment of a claim, or otherwise, and

(b)despite any time limit imposed by or under any enactment other than this Part.

(10)For the purposes of subsection (1)(b), HMRC must be notified—^F3

(a)in a case where Schedule 43D applies, by the responsible partner (within the meaning of that Schedule), and^F3

(b)in any other case, by the person to whom the tax advantage would have arisen.^F3