Change 1 Article Choose an article Title and introductory text 1 Charge for 2013-14 2 Personal allowance for 2013-14 for those born after 5 April 1948 3 Basic rate limit for 2013-14 4 Charge and main rate for financial year 2014 5 Small profits rate and fractions for financial year 2013 6 Main rate for financial year 2015 7 Temporary increase in annual investment allowance 8 London Anniversary Games 9 Glasgow Commonwealth Games 10 Expenses of elected representatives 11 Exemption from income tax of contributions to pension schemes 12 Childcare exemptions: meaning of disabled child 13 Income tax exemption for universal credit 14 Tax advantaged employee share schemes 15 Abolition of tax relief for patent royalties 16 Limit on income tax reliefs 17 Cash basis for small businesses 18 Deductions allowable at a fixed rate 19 Employment income: duties performed in the UK and overseas 20 Remittance basis: exempt property 21 Payments on account 22 Arrangements made by intermediaries 23 Taxable benefit of cars: the appropriate percentage 24 Gains from contracts for life insurance etc 25 Qualifying insurance policies 26 Transfer of assets abroad 27 Payments of interest 28 Disguised interest 29 Restriction on surrender of losses: controlled foreign company cases 30 Loss relief surrenderable by non-UK resident established in EEA state 31 Arrangements for transfers of companies 32 Change in company ownership: company reconstructions 33 Change in company ownership: shell companies 34 Transfer of deductions 35 R&D expenditure credits 36 Relief for television production and video games development 37 Health service bodies: exemption 38 Chief constables etc (England and Wales): exemption 39 Real estate investment trusts: UK REITs which invest in other UK REITs 40 Corporation tax relief for employee share acquisitions etc 41 Derivative contracts: property total return swaps etc 42 Corporation tax: tax mismatch schemes 43 Tier two capital 44 Financing costs and income: group treasury companies 45 Condition for company to be an “investment trust” 46 Community amateur sports clubs 47 Lifetime allowance charge: power to amend the transitional provision in Part 2 of Schedule 18 to FA 2011 etc 48 Lifetime allowance charge: new standard lifetime allowance for the tax year 2014-15 and subsequent tax years 49 Annual allowance: new annual allowance for the tax year 2014-15 and subsequent tax years 50 Drawdown pensions and dependants' drawdown pensions 51 Bridging pensions 52 Abolition of contracting out of state second pension: consequential amendments etc 53 Overseas pension schemes: general 54 Overseas pension schemes: information and inspection powers 55 Employee shareholder shares 56 SEIS: income tax relief 57 SEIS: re-investment relief 58 Disincorporation relief 59 Qualifying business transfer 60 Making a claim 61 Effect of disincorporation relief 62 Attribution of gains to members of non-resident companies 63 Heritage maintenance settlements 64 EMI options and entrepreneurs' relief etc 65 Charge on certain high value disposals by companies etc 66 Currency used in tax calculations: chargeable gains and losses 67 Allowances for energy-saving plant and machinery: Northern Ireland 68 Cars with low carbon dioxide emissions 69 Gas refuelling stations: extension of time limit for capital allowance 70 First-year allowance to be available for ships and railway assets 71 Restrictions on buying capital allowances 72 Hire cars for disabled persons 73 Contribution allowances: plant and machinery 74 Community investment tax relief 75 Lease premium relief 76 Manufactured payments: stock lending arrangements 77 Manufactured payments: general 78 Relationship between rules prohibiting and allowing deductions 79 Close companies 80 Decommissioning relief agreements 81 Meaning of “decommissioning expenditure” 82 Annual report 83 Effect of claim on PRT 84 Terminal losses accruing by virtue of another's default 85 Claims under agreement not to affect oil allowance 86 Removal of IHT charges in respect of decommissioning security settlements 87 Loan relationships arising from decommissioning security settlements 88 Decommissioning expenditure taken into account for PRT purposes 89 Miscellaneous amendments relating to decommissioning 90 Expenditure on decommissioning onshore installations 91 Expenditure on decommissioning certain redundant plant or machinery 92 Expenditure on site restoration 93 Restrictions on allowances for certain oil-related expenditure 94 Charge to tax 95 Entitlement to interests 96 Person liable 97 Liability of persons jointly entitled 98 Collective investment schemes: liability for and collection of tax 99 Amount of tax chargeable 100 Interim relief 101 Indexation of annual chargeable amounts 102 Taxable value 103 Section 102: “substantial” acquisitions and disposals 104 No double charge 105 “Adjusted chargeable amount” 106 Adjustment of amount chargeable 107 Chargeable interests 108 Meaning of “single-dwelling interest” 109 Different interests held in the same dwelling 110 Interests held by connected persons 111 Different interests held in the same dwelling: effect of reliefs etc 112 Meaning of “dwelling” 113 Substantial performance of “off plan” purchase 114 Power to modify meaning of “use as a dwelling” 115 Parts of a greater whole 116 Dwelling in grounds of another dwelling 117 Dwellings in the same building 118 Section 117: supplementary 119 Terraces etc 120 Acquisitions and disposals of chargeable interests 121 Date of acquisition or disposal 122 Contract and conveyance: the purchaser 123 Contract and conveyance: the vendor 124 New dwellings 125 Dwellings produced from other dwellings 126 Demolition of a dwelling 127 Demolition without replacement 128 Demolition and replacement: new dwellings 129 Demolition and replacement: other cases 130 Conversion of dwelling for non-residential use 131 Damage to a dwelling 132 Effect of reliefs under sections 133 to 150 133 Property rental businesses 134 Rental property: preparation for sale, demolition etc 135 Non-qualifying occupation: look-forward and look-back 136 Meaning of “non-qualifying individual” 137 Dwellings opened to the public 138 Property developers 139 Property developers: exchange of dwellings 140 Property developers: supplementary 141 Property traders 142 Property traders: supplementary 143 Financial institutions acquiring dwellings in the course of lending 144 Section 143: supplementary 144A Regulated home reversion plans 145 Occupation by employees or partners of a qualifying trade or property rental business 146 Meaning of “qualifying employee” and “qualifying partner” in section 145 147 Meaning of “10% or greater share in a company” 147A Caretaker flat owned by management company 148 Farmhouses 149 “Farm worker” and “former long-serving farm worker” 150 Providers of social housing etc 150A Meaning of “qualifying housing co-operative” 151 Charitable companies 152 Section 151: supplementary 153 Public bodies 154 Bodies established for national purposes 155 Dwelling conditionally exempt from inheritance tax 156 Modification of reliefs 157 Land in England ... or Northern Ireland sold to financial institution and leased to person 157A Land in Scotland sold to financial institution and leased to person 157B Land in Wales sold to financial institution and leased to person 158 Responsibility for collection and management 159 Annual tax on enveloped dwellings return 159A Relief declaration returns 160 Return of adjusted chargeable amount 161 Return to include self assessment 162 Returns, enquiries, assessments and other administrative matters 163 Payment of tax 164 Information and enforcement 165 Collection and recovery of tax etc 166 Companies 167 Partnerships 168 Miscellaneous amendments and transitory provision 169 Orders and regulations 170 Meaning of “chargeable day” and “within the charge” 171 References to the state of affairs “on” a day 172 Connected persons 173 Connected persons: cell companies 174 General interpretation of Part 3 175 Open- ended investment companies and authorised unit trusts 176 Treatment of liabilities for inheritance tax purposes 177 Election to be treated as domiciled in United Kingdom 178 Transfer to spouse or civil partner not domiciled in United Kingdom 179 Fuel duties: rates of duty and rebates from 1 April 2013 180 Rates of alcoholic liquor duties 181 Rates of tobacco products duty 182 Meaning of “tobacco products” 183 Rates of gaming duty 184 Combined bingo 185 Air passenger duty: rates of duty from 1 April 2013 186 Air passenger duty: miscellaneous provision 187 VED rates for light passenger vehicles, light goods vehicles, motorcycles etc 188 Not exhibiting licence: period of grace 189 Vehicles not kept or used on public road 190 Vehicle licences for disabled people 191 Repayments of value added tax to health service bodies 192 Valuation of certain supplies of fuel 193 Reduced rate for energy-saving materials 194 Pre-completion transactions: existing cases 195 Pre-completion transactions 196 Relief from higher rate 197 Leases 198 Standard rate of landfill tax 199 Climate change levy: main rates 200 Climate change levy: supplies subject to carbon price support rates etc 201 Contracts that are not taxable 202 Bank levy: rates from 1 January 2013 203 Bank levy: rates from 1 January 2014 204 No deductions for UK or foreign bank levies 205 High quality liquid assets 206 General anti-abuse rule 207 Meaning of “tax arrangements” and “abusive” 208 Meaning of “tax advantage” 209 Counteracting the tax advantages 209AA Protective GAAR notices 209AB Adjustments under section 209: notices under Schedule 43 or 43A 209ABA Adjustments under section 209: notices under Schedule 43D 209AC Sections 209AA to 209ABA: definitions 209A Effect of adjustments specified in a provisional counteraction notice 209B Notified adjustments: 12 month period for taking action if appeal made 209C Notified adjustments: case within section 209B(4)(c) 209D Notified adjustments: case within section 209B(4)(d) 209E Notified adjustments: case within section 209B(4)(e) 209F Appeals against provisional counteractions: further provision 210 Consequential relieving adjustments 211 Proceedings before a court or tribunal 212 Relationship between the GAAR and priority rules 212A Penalty 212B Penalty: partnerships 213 Consequential amendment 214 Interpretation of Part 5 215 Commencement and transitional provision 216 Trusts with vulnerable beneficiary 217 Unauthorised unit trusts 218 Statutory residence test 219 Ordinary residence 220 Controlled foreign companies etc 221 Agreement between UK and Switzerland 222 International agreements to improve tax compliance 223 Disclosure of tax avoidance schemes 224 Powers under Proceeds of Crime Act 2002 225 Definition of “goods” for certain customs purposes 226 Power to detain goods 227 Penalty instead of forfeiture of larger ships 228 Data-gathering from merchant acquirers etc 229 Corporation tax: deferral of payment of exit charge 230 Penalties: late filing, late payment and errors 231 Overpayment relief: generally prevailing practice exclusion and EU law 232 Overpayment relief: time limit for claims 233 Self assessment: withdrawal of notice to file etc 234 Restrictions on interim payments in proceedings relating to taxation matters 235 Interpretation 236 Short title SCHEDULE 1 Annual investment allowance: periods straddling 1 January 2013 or 1 January 2015 SCHEDULE 2 Tax advantaged employee share schemes SCHEDULE 3 Limit on income tax reliefs SCHEDULE 4 Cash basis for small businesses SCHEDULE 5 Deductions allowable at a fixed rate SCHEDULE 6 Employment income: duties performed in the UK and overseas SCHEDULE 7 Remittance basis: exempt property SCHEDULE 8 Gains from contracts for life insurance etc SCHEDULE 9 Qualifying insurance policies SCHEDULE 10 Transfer of assets abroad SCHEDULE 11 Deduction of income tax at source etc SCHEDULE 12 Disguised interest SCHEDULE 13 Change in ownership of shell company: restriction of relief SCHEDULE 14 Transfer of deductions SCHEDULE 15 R&D expenditure credits SCHEDULE 16 Tax relief for television production SCHEDULE 17 Tax relief for video games development SCHEDULE 18 Television and video games tax relief: consequential amendments SCHEDULE 19 Real estate investment trusts: UK REITs which invest in other UK REITs SCHEDULE 20 Tax mismatch schemes SCHEDULE 21 Community amateur sports clubs SCHEDULE 22 Transitional provision relating to reduction in standard lifetime allowance etc SCHEDULE 23 Employee shareholder shares SCHEDULE 24 EMI options and entrepreneurs' relief etc SCHEDULE 25 Charge on certain high value disposals by companies etc SCHEDULE 26 Restrictions on buying capital allowances SCHEDULE 27 Community investment tax relief SCHEDULE 28 Lease premium relief SCHEDULE 29 Manufactured payments SCHEDULE 30 Close companies SCHEDULE 31 Miscellaneous amendments relating to decommissioning SCHEDULE 32 Restrictions on allowances for certain oil-related expenditure SCHEDULE 33 Annual tax on enveloped dwellings: returns, enquiries, assessments and appeals SCHEDULE 34 Annual tax on enveloped dwellings: information and enforcement SCHEDULE 35 Annual tax on enveloped dwellings: miscellaneous amendments and transitory provision SCHEDULE 36 Treatment of liabilities for inheritance tax purposes SCHEDULE 37 Vehicle licences for disabled people SCHEDULE 38 Valuation of certain supplies of fuel SCHEDULE 39 Stamp duty land tax: transactions entered into before completion of contract SCHEDULE 40 Stamp duty land tax: relief from 15% rate SCHEDULE 41 Stamp duty land tax on leases SCHEDULE 42 Climate change levy: supplies subject to carbon price support rates etc SCHEDULE 43 General anti-abuse rule: procedural requirements SCHEDULE 43A Procedural requirements: pooling notices and notices of binding SCHEDULE 43B Procedural requirements: generic referral of tax arrangements SCHEDULE 43C Penalty under section 212A or 212B: supplementary provision SCHEDULE 43D The GAAR and partnerships SCHEDULE 44 Trusts with vulnerable beneficiary SCHEDULE 45 Statutory residence test SCHEDULE 46 Ordinary residence SCHEDULE 47 Controlled foreign companies SCHEDULE 48 Proceeds of crime: powers of officers of Revenue and Customs SCHEDULE 49 Corporation tax: deferral of payment of exit charge SCHEDULE 50 Penalties: late filing, late payment and errors SCHEDULE 51 Withdrawal of notice to file etc
What to do with it
As published
211 Proceedings before a court or tribunal
(1) In proceedings before a court or tribunal in connection with the general anti-abuse rule, HMRC must show—
(a) that there are tax arrangements that are abusive, and
(b) that the adjustments made to counteract the tax advantages arising from the arrangements are just and reasonable.
(2) In determining any issue in connection with the general anti-abuse rule, a court or tribunal must take into account—
(a) HMRC's guidance about the general anti-abuse rule that was approved by the GAAR Advisory Panel at the time the tax arrangements were entered into, and
(b) any opinion of the GAAR Advisory Panel given—
(i) under paragraph 11 of Schedule 43 about the arrangements or any tax arrangements which are, as a result of a notice under paragraph 1 or 2 of Schedule 43A, the referred or (as the case may be) counteracted arrangements in relation to the arrangements, or
(ii) under paragraph 6 of Schedule 43B in respect of a generic referral of the arrangements.
(3) In determining any issue in connection with the general anti-abuse rule, a court or tribunal may take into account—
(a) guidance, statements or other material (whether of HMRC, a Minister of the Crown or anyone else) that was in the public domain at the time the arrangements were entered into, and
(b) evidence of established practice at that time.
Your wording
Your change, as a redline
211 Proceedings before a court or tribunal
(1) In proceedings before a court or tribunal in connection with the general anti-abuse rule, HMRC must show—
(a) that there are tax arrangements that are abusive, and
(b) that the adjustments made to counteract the tax advantages arising from the arrangements are just and reasonable.
(2) In determining any issue in connection with the general anti-abuse rule, a court or tribunal must take into account—
(a) HMRC's guidance about the general anti-abuse rule that was approved by the GAAR Advisory Panel at the time the tax arrangements were entered into, and
(b) any opinion of the GAAR Advisory Panel given—
(i) under paragraph 11 of Schedule 43 about the arrangements or any tax arrangements which are, as a result of a notice under paragraph 1 or 2 of Schedule 43A, the referred or (as the case may be) counteracted arrangements in relation to the arrangements, or
(ii) under paragraph 6 of Schedule 43B in respect of a generic referral of the arrangements.
(3) In determining any issue in connection with the general anti-abuse rule, a court or tribunal may take into account—
(a) guidance, statements or other material (whether of HMRC, a Minister of the Crown or anyone else) that was in the public domain at the time the arrangements were entered into, and
(b) evidence of established practice at that time.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.