CG53175 - Substantial shareholdings exemption: the exemptions available - anti-avoidance measure to prevent inappropriate exemption - submission to Capital Gains Technical Group before arguing case
TCGA92/SCH7AC/PARA5
Paragraph 5 Schedule 7AC TCGA 1992 is an anti-avoidance measure
to prevent exploitation of the substantial shareholdings
exemptions.
It will be unusual for the anti-avoidance rule to apply. If
you think it could apply so a gain on a disposal may not be exempt
you should establish all the relevant facts and consider them in
the light of the guidance in CG53180. If when you have done this
you think you have a good case for invoking the anti-avoidance
rules, you must send a summary of the facts and your arguments with
all your papers to Capital Gains Technical Group. You have to
obtain the approval of CGTG
before you put any arguments to the effect that
the anti- avoidance rule applies to the company or its
advisers.
