Corporation Tax Act 2010 section 1139

"Tax advantage"

Section 1139 defines what constitutes a "tax advantage" for the purposes of the Corporation Tax Acts that refer to this definition.

  • A tax advantage includes any relief from tax, repayment of tax, or increase in either of those
  • It also covers the avoidance or reduction of a tax charge, a tax assessment, or a possible assessment to tax
  • The definition extends to avoiding or reducing charges relating to controlled foreign companies, the bank levy, and diverted profits tax
  • The method by which avoidance or reduction is achieved is irrelevant — whether through untaxed receipts or deductions in calculating profits

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