Taxation (International and Other Provisions) Act 2010

CHAPTER 6Tax avoidance

306Schemes involving manipulation of rules in Chapter 2

(1)A period of account of the worldwide group that, apart from this section, is not within section 261(1) is treated as within that provision if conditions A, B and C are met.

(2)Condition A is that—

(a)at any time before the end of the period, a scheme is entered into, and

(b)if the scheme had not been entered into, the period would have been within section 261(1).

(3)Condition B is that the main purpose, or one of the main purposes, of any party to the scheme on entering into the scheme is to secure that the period is not within section 261(1).

(4)Condition C is that the scheme is not an excluded scheme.

307Schemes involving manipulation of rules in Chapters 3 and 4

(1)If conditions A, B and C are met in relation to a period of account of the worldwide group (“the relevant period of account”), the tested expense amount, the tested income amount and the available amount for the period are to be calculated in accordance with section 309.

(2)Condition A is that—

(a)at any time before the end of the relevant period of account, a scheme is entered into, and

(b)the main purpose, or one of the main purposes, of any party to the scheme on entering into it is to secure that the amount of the relevant net deduction (within the meaning given by section 308) is lower than it would be if that amount were calculated in accordance with section 309.

(3)Condition B is that a result of the scheme is that—

(a)the sum of the profits of UK group companies that—

(i)arise in relevant accounting periods, and

(ii)are chargeable to corporation tax,

is less than it would be if that sum were determined in accordance with section 309, or

(b)the sum of the losses of UK group companies that—

(i)arise in relevant accounting periods (other than any taken into account in calculating profits within paragraph (a)), and

(ii)are capable of being a carried-back amount or a carried-forward amount (see section 310),

is higher than it would be if that sum were determined in accordance with section 309.

(4)Condition C is that the scheme is not an excluded scheme.

(5)If—

(a)a profit or loss arises in an accounting period of a UK group company, and

(b)a proportion of that period does not fall within the relevant period of account,

the profit or loss is to be reduced, for the purposes of condition B, by the same proportion.

308Meaning of “relevant net deduction”

(1)In section 307(2) the “relevant net deduction” means—

(a)the amount by which the total disallowed amount exceeds the tested income amount, or

(b)if the total disallowed amount does not exceed the tested income amount, nil.

(2)In this section the “total disallowed amount” means—

(a)the amount by which the tested expense amount exceeds the available amount, or

(b)if the tested expense amount does not exceed the available amount, nil.

309Calculation of amounts

(1)References in section 307 to the calculation of any amount or sum in accordance with this section are to the calculation of that amount or sum on the following assumptions.

(2)The assumptions are that—

(a)the scheme in question was not entered into, and

(b)instead, anything that it is more likely than not would have been done or not done had this Part not had effect in relation to the relevant period of account, was done or not done.

310Meaning of “carried-back amount” and “carried-forward amount”

(1)In section 307 “carried-back amount” means—

(a)an amount carried back under section 389(2) of CTA 2009 (deficits of insurance companies),

(b)an amount carried back as a result of a claim under section 459(1)(b) of CTA 2009 (non-trading deficits from loan relationships), or

(c)an amount carried back under section 37(3)(b) of CTA 2010 (relief for trade losses against total profits).

(2)In section 307 “carried-forward amount” means—

(a)an amount carried forward under section 76(12) or (13) of ICTA (certain expenses of insurance companies),

(b)an amount carried forward under section 436A(4) of ICTA (insurance companies: losses from gross roll-up business),

(c)an amount carried forward under section 8(1)(b) of TCGA 1992 (allowable losses),

(d)an amount carried forward under section 391(2) of CTA 2009 (deficits of insurance companies),

(e)an amount carried forward under section 457(3) of CTA 2009 (non-trading deficits from loan relationships),

(f)an amount carried forward under section 753(3) of CTA 2009 (non-trading loss on intangible fixed assets),

(g)an amount carried forward under section 925(3) of CTA 2009 (patent income: relief for expenses),

(h)an amount carried forward under section 1223 of CTA 2009 (expenses of management and other amounts),

(i)an amount carried forward under section 45(4) of CTA 2010 (carry forward of trade loss against subsequent trade profit),

(j)an amount carried forward under section 62(5) of CTA 2010 (relief for losses made UK property business),

(k)an amount carried forward under section 63(3) of CTA 2010 (company with investment business ceasing to carry on UK property business),

(l)an amount carried forward under section 66(3) of CTA 2010 (relief for losses made in overseas property business), or

(m)an amount carried forward under section 91(6) of CTA 2010 (relief for losses from miscellaneous transactions).

311Schemes involving manipulation of rules in Chapter 5

(1)This section applies to a financing income amount of a company received during a period of account of the worldwide group if—

(a)apart from this section, the financing income amount would, because of section 299, not be brought into account for the purposes of corporation tax, and

(b)conditions A, B and C are met.

(2)Condition A is that, at any time before the financing income amount is received, a scheme is entered into that secures that any of the conditions in subsections (2) to (4) of section 299 (“the relevant section 299 condition”) is met in relation to the amount.

(3)Condition B is that the purpose, or one of the main purposes, of any party to the scheme on entering into the scheme is to secure that the relevant section 299 condition is met.

(4)Condition C is that the scheme is not an excluded scheme.

(5)If this section applies to a financing income amount, the relevant section 299 condition is treated as not met in relation to the amount.

(6)Section 305 (meaning of references to a “financing income amount” of a company) applies for the purposes of this section.

312Meaning of “scheme” and “excluded scheme”

(1)For the purposes of this Chapter, “scheme” includes any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving a single transaction or two or more transactions.

(2)For the purposes of this Chapter, a scheme is “excluded” if it is of a description specified in regulations made by the Commissioners.

(3)Regulations under subsection (2) may make different provision for different purposes.