SCHEDULE 43 General Anti-Abuse Rule: Procedural Requirements
Finance Act 2013 (2013 c 29) | Legislation

SCHEDULE 43 General Anti-Abuse Rule: Procedural Requirements

Section 209

The GAAR Advisory Panel

1

(1)     In this Part “the GAAR Advisory Panel†means the panel of persons established by the Commissioners for the purposes of the general anti-abuse rule.

(2)     In this Schedule “the Chair†means any member of the GAAR Advisory Panel appointed by the Commissioners to chair it.

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1A

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Meaning of “designated HMRC officerâ€

2

In this Schedule a “designated HMRC officer†means an officer of Revenue and Customs who has been designated by the Commissioners for the purposes of the general anti-abuse rule.

Notice to taxpayer of proposed counteraction of tax advantage

3

(1)     If a designated HMRC officer considers—

(a)     that a tax advantage has arisen to a person (“the taxpayerâ€) from tax arrangements that are abusive, and

(b)     that the advantage ought to be counteracted under section 209,

the officer must give the taxpayer a written notice to that effect.

(2)     The notice must—

(a)     specify the arrangements and the tax advantage,

(b)     explain why the officer considers that a tax advantage has arisen to the taxpayer from tax arrangements that are abusive,

(c)

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