Revenue Scotland and Tax Powers Act 2014 section 65

Meaning of "tax advantage"

Section 65 defines what constitutes a "tax advantage" for the purposes of the general anti-avoidance rule provisions.

  • A tax advantage includes obtaining relief, increased relief, repayment, or increased repayment of tax
  • It also covers avoiding or reducing a tax charge or assessment, including avoiding a possible future assessment
  • Deferring a tax payment to a later date, or bringing forward a tax repayment to an earlier date, both count as tax advantages
  • When deciding whether a tax avoidance arrangement has produced a tax advantage, Revenue Scotland may compare the tax actually paid with the tax that would have been payable had the arrangement not existed

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