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Regulation 2 Interpretation : generalI1

United Kingdom

(1)

This paragraph gives the meaning of the abbreviated references to Acts used in these Regulations—

  • “CAA 2001” means the Capital Allowances Act 2001f1;

  • F1“CTA 2009” means the Corporation Tax Act 2009;

  • “CTA 2010” means the Corporation Tax Act 2010;

  • “FA 2004” means the Finance Act 2004;

  • “ICTA” means the Income and Corporation Taxes Act 1988f2;

  • “ITA 2007” means the Income Tax Act 2007;

  • “ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003f3;

  • “ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005f4;

  • “TCGA 1992” means the Taxation of Chargeable Gains Act 1992f5.

(2)

In these Regulations—

  • “business” has the meaning given by regulation 3;

  • F2“generally accepted accounting practice” has the meaning given by section 1127 of CTA 2010;

  • F3“HMRC” means Her Majesty’s Revenue and Customs

  • “the Information Regulations” means the Tax Avoidance Schemes (Information) Regulations 2004f6;

  • F4“the material date” means whichever of the following is applicable—

    1. (a)

      for a proposal notifiable under section 308(1) of FA 2004, the relevant date (as defined in section 308(2) of FA 2004);

    2. (b)

      for arrangements notifiable under section 308(3) of FA 2004, the date the promoter first becomes aware of any transaction forming part of the notifiable arrangements; or

    3. (c)

      for arrangements notifiable under section 309 or 310 of FA 2004, the date the person enters into any transaction forming part of the notifiable arrangements;

  • F5...

  • “plant or machinery lease” has the meaning given by F6section 70K CAA 2001;

  • “the Promoters Regulations” means the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004f7;

  • “small or medium-sized enterprise” has the meaning given by regulation 4;.

(3)

For the purposes of these Regulations section 839 of ICTAf8 applies to determine whether persons are connected.

Annotations

Textual amendments

F1

Words in reg. 2(1) inserted (23.2.2016) by The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2016 (S.I. 2016/99), regs. 1(1), 3(2) (with reg. 1(2))

F2

Words in reg. 2(2) inserted (23.2.2016) by The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2016 (S.I. 2016/99), regs. 1(1), 3(3) (with reg. 1(2))

F3

Words in reg. 2(2) inserted (1.1.2011) by The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2834), regs. 1, 3(2)

F4

Words in reg. 2(2) inserted (1.1.2011) by The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2834), regs. 1, 3(3)

F5

Words in reg. 2(2) omitted (1.1.2011) by virtue of The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2834), regs. 1, 3(4)

F6

Words in reg. 2(2) substituted (1.1.2011) by The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2834), regs. 1, 3(5)

Commencement

I1

Reg. 2 in force at 1.8.2006, see reg. 1(1)

Footnotes

f1

2001 c. 2.

f2

1988 c. 1.

f3

2003 c. 1.

f4

2005 c. 5.

f5

1992 c. 12.

f6

S.I. 2004/1864, amended by S.I. 2005/1869.

f7

S.I. 2004/1865, amended by regulation 2 of S.I. 2004/2613.

f8

Section 839 was amended by paragraph 20 of Schedule 17 to the Finance Act 1995 (c. 4) and by paragraph 340 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005.