INTM489600 - Diverted Profits Tax: application of Diverted Profits Tax: legislation – Finance Act 2015 – core provisions: transaction or series of transactions

“The material provision” must be made or imposed as between C and P by means of a transaction or series of transactions. “Transaction” has the same meaning as in the transfer pricing rules at Part 4 TIOPA 2010 (see INTM412050), and includes arrangements, understandings and mutual practices (whether or not they are legally enforceable).

Similarly the meaning of a series of transactions is consistent with section 150 TIOPA and a series exists whether or not:

• there is a transaction in the series to which both connected persons are party
• the arrangements by which the series of transactions are entered into are between the two connected persons
• there is a transaction in the series to which neither connected person is a party.

“Arrangement” means any scheme or arrangement of any kind (whether or not they are legally enforceable or intended to be so).

This wide definition means that provision may be made between C and P even if it is done so indirectly through a series of transactions some of which may involve third parties.