Schedule 43A | [ Procedural Requirements: Pooling Notices And Notices Of Binding] | Finance Act 2013 C29

[SCHEDULE 43A Procedural Requirements: Pooling Notices and Notices of Binding]

Finance Act 2013 (2013 c 29) | Legislation

[SCHEDULE 43A Procedural Requirements: Pooling Notices and Notices of Binding]

[Section 209]

[Pooling notices

(1) This paragraph applies where a person has been given a notice under paragraph 3 of Schedule 43[, or paragraph 5 of Schedule 43D,] in relation to any tax arrangements (the “lead arrangements”) and the condition in sub-paragraph (2) is met.

(2) The condition is that the period of 45 days mentioned in paragraph 4(1) of Schedule 43 has expired but no notice under paragraph 12 of Schedule 43 or paragraph 8 of Schedule 43B has yet been given in respect of the matter.

(3) If a designated HMRC officer considers—

(a) that a tax advantage has arisen to [a] person (“R”) from tax arrangements [(other than the lead arrangements)] that are abusive,

(b) that those tax arrangements (“R's arrangements”) are equivalent to the lead arrangements, and

the officer may give R a notice (a “pooling notice”) [to that effect].

[(3A) For the purposes of this Schedule and Schedule 43B, all the tax arrangements in relation to which pooling notices have been served in respect of the same lead arrangements