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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. Penalty: partnerships

Section 212B | Penalty: partnerships F1

From legislation.gov.uk

(1)This section applies if, in respect of a partnership—F1

(a)the responsible partner has been given a notice under—F1

(i)paragraph 12 of Schedule 43,F1

(ii)paragraph 8 or 9 of Schedule 43A, orF1

(iii)paragraph 8 of Schedule 43B,F1

stating that a tax advantage is to be counteracted, and

(b)the tax advantage, so far as arising to a partner (P) in the partnership, has been counteracted by the making of adjustments under section 209.F1

(2)P is liable to pay a penalty of an amount equal to 60% of the value of the counteracted tax advantage.F1

(3)Schedule 43C—F1

(a)gives the meaning of “the value of the counteracted tax advantage”, andF1

(b)makes other provision in relation to penalties under this section.F1

(4)For the meaning of “the responsible partner” see paragraph 2 of Schedule 43D.F1

Notes

  1. F1

    S. 212B inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 8

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