[SCHEDULE 43C Penalty under section 212A [or 212B]: Supplementary Provision]

[SCHEDULE 43C Penalty under section 212A [or 212B]

[Section 212A]

[Value of the counteracted advantage: introduction

1

Paragraphs 2 to 4 set out how to calculate the “value of the counteracted advantage†for the purposes of [sections 212A and 212B].

Value of the counteracted advantage: basic rule

2

[(1)     The “value of the counteracted tax advantage†is—

(a)     for a penalty under section 212A, the additional amount due or payable in respect of tax as a result of the counteraction mentioned in subsection (1)(d) of that section, and

(b)     for a penalty under section 212B, the additional amount due or payable in respect of tax (by the partner in question) as a result of the counteraction mentioned in subsection (1)(b) of that section.]

(2)     The reference in sub-paragraph (1) to the additional amount due and payable includes a reference to—

(a)     an amount payable to HMRC having erroneously been paid by way of repayment of tax, and

(b)     an amount which would be repayable by HMRC if the counteraction were not made.

(3)     The following are ignored in calculating the value of the counteracted advantage—

(a)     group relief, and

(b)     any relief under section

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