[Part 4 Pooling Notices and Notices of Binding]

[Part 4 Pooling Notices and Notices of Binding]

[Power to give pooling notice or notice of binding to responsible partner

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(1)     If a designated HMRC officer—

(a)     has the power to give to a person (“Râ€) a pooling notice under paragraph 1(3) or a notice of binding under paragraph 2(2) of Schedule 43A in respect of a tax advantage arising from tax arrangements (“R's arrangementsâ€), and

(b)     considers that a partnership return has been made on the basis that the tax advantage has arisen to R, or to R and one or more of R's partners, from R's arrangements,

the officer may give the pooling notice or notice of binding to the responsible partner under this paragraph.

(2)     A partner (including R) who appears to a designated HMRC officer to fall within sub-paragraph (1)(b) is a “relevant partner†for the purposes of this Part of this Schedule.

(3)     If, after the notice has been given, it appears to a designated HMRC officer that the tax advantage has not in fact arisen to a partner specified in the notice, the officer must amend the notice accordingly.

(4)     Where a designated HMRC officer so amends the notice—

(a)

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