SM03500 - Special Measures: Behaviours: Speculative position
For the purposes of the behaviour condition for Special Measures, the extent a larger business has relied on interpretations of UK tax legislation that are speculative will be assessed.
A speculative position is one where a large business (SM02000) adopts an interpretation of UK tax law that a court or tribunal would likely reject (i.e., less than a 50% chance of success). The large business doesn’t need to deploy the interpretation in court.
FA2016/SCH19/PT3/PARA37(3)