ICTA88/S776 is anti-avoidance legislation (ICTA88/S776 (1)). The
test for avoidance is an objective one, i.e. has tax been avoided,
and not a subjective one relating to the intentions of the
participants.
The avoidance need not, therefore, be deliberate, it can be
accidental or unwitting as in Page v Lowther [1983] 57TC199.
See
BIM60345 for an example of deliberate
avoidance.
See
BIM60350 for an example of unwitting
avoidance.
