Textual Amendments
F1Pt. 13 Ch. 5B inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 5 para. 2 (with Sch. 9 paras. 1-9, 22)
Modifications etc. (not altering text)
C1Pt. 13 Ch. 5B restricted by 2004 s. 12 s. 196I(5)(6) (as inserted 17.7.2012 (with effect in accordance with Sch. 13 para. 17 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 15 (with Sch. 13 Pt. 4))
C2Pt. 13 Ch. 5B restricted by 2004 c. 12, s. 196G(2)(3) (as inserted 17.7.2012 (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 1 (with Sch. 13 Pt. 2))
Textual Amendments
F2Ss. 809BZF-809BZI and cross-heading inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 5 para. 3 (with Sch. 9 paras. 1-9, 22)
(1)This section applies if—
(a)there is a type 2 finance arrangement, and
(b)any relevant change in relation to the partnership would have the relevant effect (ignoring this section).
(2)In such a case—
(a)Part 9 of ITTOIA 2005 (partnerships) is to have effect in relation to the transferor [F3or the person connected with the transferor] as if the relevant change in relation to the partnership had not occurred, and
(b)accordingly the finance arrangement is not to have the relevant effect.
(3)The relevant effect is that—
(a)an amount of income on which the transferor [F3or the person connected with the transferor] would otherwise have been charged to income tax is not so charged,
(b)an amount which would otherwise have been brought into account in calculating for income tax purposes any income of the transferor [F3or the person connected with the transferor] is not so brought into account, or
(c)the transferor [F3or the person connected with the transferor] becomes entitled to an income deduction.
(4)In deciding whether subsection (1)(b) is met assume that amounts of income equal to the payments mentioned in section 809BZF(2)(e) were payable to the partnership before the relevant change in relation to it occurred.
(5)An income deduction is—
(a)a deduction in calculating income for income tax purposes, or
(b)a deduction from total income.]
Textual Amendments
F3Words in s. 809BZH inserted (17.7.2012) (with effect in accordance with Sch. 13 para. 42 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 35