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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. Interpretation of Part 5

Section 214 | Interpretation of Part 5

From legislation.gov.uk

(1)In this Part—F1F2F3F4F5F6F7

“abusive”, in relation to tax arrangements, has the meaning given by section 207(2) to (6);

“arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“designated HMRC officer” has the meaning given by paragraph 2 of Schedule 43;”.

“the GAAR Advisory Panel” has the meaning given by paragraph 1 of Schedule 43;

“the general anti-abuse rule” has the meaning given by section 206;

“HMRC” means Her Majesty's Revenue and Customs;

“notice of binding” has the meaning given by paragraph 2(2) of Schedule 43A or paragraph 10 of Schedule 43D (as the case may be);

“pooling notice” has the meaning given by paragraph 1(3) of Schedule 43A or paragraph 10 of Schedule 43D (as the case may be);

“tax advantage” has the meaning given by section 208;

“tax arrangements” has the meaning given by section 207(1).

“tax enquiry” has the meaning given by section 202(2) of FA 2014.

(2)In this Part references to any “opinion of the GAAR Advisory Panel” about any tax arrangements are to be interpreted in accordance with paragraph 11(5) of Schedule 43.F2F8

(3)In this Part references to tax arrangements which are “equivalent” to one another are to be interpreted in accordance with paragraph 11 of Schedule 43A.F2F8

Notes

  1. F1

    S. 214(1): s. 214 renumbered (15.9.2016) as s. 214(1) (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(8)

  2. F2

    Words in s. 214(1) inserted (15.9.2016) (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(9)

  3. F3

    Words in s. 214(1) inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 9(a)

  4. F4

    Words in s. 214(1) omitted (22.7.2020) by virtue of Finance Act 2020 (c. 14), Sch. 14 para. 7(a)

  5. F5

    Words in s. 214(1) inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 9(b)

  6. F6

    Words in s. 214(1) omitted (22.7.2020) by virtue of Finance Act 2020 (c. 14), Sch. 14 para. 7(b)

  7. F7

    Words in s. 214(1) omitted (with effect in accordance with s. 124(2) of the amending Act) by virtue of Finance Act 2021 (c. 26), Sch. 32 para. 9(c)

  8. F8

    S. 214(2)(3) inserted (15.9.2016) (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(10)

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