{
  "url": "https://openlegislation.uk/finance-no-2-act-2017/schedule-16/paragraph-56",
  "json_url": "https://openlegislation.uk/finance-no-2-act-2017/schedule-16/paragraph-56.json",
  "legislation": "ukpga/2017/32",
  "legislation_title": "Finance (No. 2) Act 2017",
  "legislation_url": "https://openlegislation.uk/finance-no-2-act-2017",
  "path": "schedule/16/paragraph/56",
  "kind": "paragraph",
  "number": "56",
  "heading": null,
  "text": "(1) In this Schedule—\n“abusive tax arrangements” has the meaning given by paragraph 3;\n“arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);\n“business” includes any trade or profession;\n“the Commissioners” means the Commissioners for Her Majesty‘s Revenue and Customs;\n“company” has the same meaning as in the Corporation Tax Acts (see section 1121 of CTA 2010);\n“contract settlement” (except in paragraph 46(6)) means an agreement in connection with a person's liability to make a payment to the Commissioners under or by virtue of an enactment;\n“a defeat”, in relation to arrangements, is to be read in accordance with paragraph 4;\na “designated HMRC officer” means an officer of Revenue and Customs who has been designated by the Commissioners for the purposes of this Schedule;\n“the GAAR Advisory Panel” has the meaning given by paragraph 1 of Schedule 43 to FA 2013;\n“group” is to be read in accordance with sub-paragraph (2);\n“HMRC” means Her Majesty's Revenue and Customs;\n“national insurance contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;\na “NICs decision” means a decision under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 or Article 7 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (SI 1999/671) relating to a person‘s liability for relevant contributions;\n“relevant contributions” means any of the following contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—\n(a)Class 1 contributions;\n(b)Class 1A contributions;\n(c)Class 1B contributions;\n(d)Class 2 contributions which must be paid but in relation to which section 11A of the Act in question (application of certain provisions of the Income Tax Acts) does not apply;\n“tax” is to be read in accordance with paragraph 54;\n“tax advantage” is to be read in accordance with paragraph 55.\n(2) For the purposes of this Schedule two companies are members of the same group if—\n(a) one is a 75% subsidiary of the other, or\n(b) both are 75% subsidiaries of a third company;\nand in this paragraph “75% subsidiary” has, subject to sub-paragraph (3), the meaning given by section 1154 of CTA 2010.\n(3) So far as relating to 75% subsidiaries, section 151(4) of CTA 2010 (requirements relating to beneficial ownership) applies for the purposes of this Schedule as it applies for the purposes of Part 5 of that Act.\n(4) In this Schedule references to an assessment to tax, however expressed—\n(a) in relation to inheritance tax and petroleum revenue tax, include a determination;\n(b) in relation to relevant contributions, include a NICs decision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2017/32/schedule/16/paragraph/56",
    "retrieved_at": "2026-10-29T09:05:16.335265+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}