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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 March 2005 - onwards

39. Amendment of section 817 (schemes to avoid liability to tax under Schedule F) of Principal Act.

(1) Section 817 of the Principal Act is amended in subsection (1) by inserting the following after paragraph (c) -

"(ca) For the purposes of this section, following a disposal of shares in a close company by a shareholder or the carrying out of a scheme or arrangement of which the disposal is a part, the interest of the shareholder in any trade or business which was carried on by the close company shall be deemed -

(i) to include the interest, or interests as the case may be, in that trade or business of one or more persons connected with the shareholder, if increasing that interest of the shareholder by such interest, or interests as the case may be, would result in the interest of the shareholder in the trade or business not having been significantly reduced,

(ii) notwithstanding paragraph (c), not to have been significantly reduced where -

(I) the business carried on by the close company, taking account of any trade carried on by that company, consisted wholly or mainly of the holding of shares in another company carrying on a trade or business or in more than one such other company, and

(II) the interest of the shareholder in any such trade or business last-mentioned in clause (I), whether or not that trade or business continues to be carried on by such other company after the disposal, is not significantly reduced,