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HMRC internal manual

Bank Levy Manual

Anti-avoidance: the application of the anti-avoidance rule to relevant arrangements

Paragraphs 47(2) to (5) of Schedule 19

If the purpose test (see BKLM630000) is met, the anti-avoidance rules apply where an effect of the relevant arrangements is that the bank levy is not charged or assessed as it would otherwise have been.

‘Relevant arrangements’ may refer to the arrangements (or part of the arrangements) in respect of which the purpose test is met, or to any part of these.

The fact relevant arrangements also have effects other than those described does not prevent the anti-avoidance measure applying.

Where the purpose test is met, the bank levy is charged or assessed as it would have been in the absence of the relevant arrangements. This may include, for example, assessing a charge to the bank levy that would otherwise be avoided, or increasing a charge or assessment that would otherwise be reduced.

Effects of arrangements that are not part of the relevant arrangements are not ignored for the purposes of calculating a charge to the bank levy.