157 General anti-abuse rule: binding of tax arrangements to lead arrangements
Finance Act 2016 (2016 c 24) | Legislation

157  General anti-abuse rule: binding of tax arrangements to lead arrangements

(1)     Part 5 of FA 2013 (general anti-abuse rule) is amended in accordance with subsections (2) to (11).

(2)     After Schedule 43 insert—

“SCHEDULE 43A
Procedural Requirements: Pooling Notices and Notices of Binding

Pooling notices

1

(1)     This paragraph applies where a person has been given a notice under paragraph 3 of Schedule 43 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 another person (“R”) from tax arrangements that are abusive,

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

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

the officer may give R a notice (a “pooling notice”) which places R's arrangements in a pool with the lead arrangements.

(4)

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