Paragraph 16 F1

(1)

Condition F is that—

(a)

a person has made a return, claim or election on the basis that a relevant tax advantage arises,

(b)

the tax advantage, or part of the tax advantage would not arise if a particular avoidance-related rule (see paragraph 25) applies in relation to the person's tax affairs,

(c)

it is held in a judicial ruling that the relevant avoidance-related rule applies in relation to the person's tax affairs, and

(d)

the judicial ruling is final.

(2)

For the purposes of sub-paragraph (1) “relevant tax advantage” means a tax advantage which the arrangements might be expected to enable the person to obtain.

Annotations

Textual amendments

F1: Sch. 34A inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 160(5)