INTM602820 - Transfer of assets abroad: Exemptions from charge: Avoidance purpose exemption - post 4 December 2005 transactions - additional requirements

Although not specific conditions, there are two additional factors present in the test that applies to post-4 December 2005 transactions.

These are:

• in determining the purposes for which the relevant transactions or any of them were effected, the intentions and purposes of certain other persons are to be taken into account; those persons are any person who designs, effects or provides advice in relation to the relevant transactions or any of them (regardless of whether or not this was in return for consideration)
• if there is any associated operation (as defined at INTM600300) that would not fall to be taken into account in applying the exemption test but which, if it were taken into account, the condition would not be met as a result of that associated operation (or the associated operation taken together with any other relevant transaction) that associated operation must be taken into account as described at INTM602700.

More detail in relation to the first bullet above is given in INTM603040 when considering purposes.

This means that when completing a tax return that relies upon an exemption, where a post-4 December 2005 transaction is involved, in addition to providing the information discussed at INTM602680, it will also be appropriate to give particulars of the involvement of any persons designing, effecting, or advising in relation to the transactions in the way described above.