D1.8111A Countering the effect of avoidance arrangements
Anti-avoidance provisions apply to arrangements entered into on or after 18 November 2015, in order to counter any derivative-related tax advantages that would (in the absence of the provisions) arise from relevant avoidance arrangements. Where the provision applies adjustments are to be made on a just and reasonable basis to the debits and credits that are brought into account for the purposes of the derivative contracts legislation to counteract the effect of the avoidance arrangements. Adjustments that are made under this section may be made by way of an assessment, the modification of an assessment, amendment or disallowance of a claim, or otherwise1. Arrangements are defined in the usual way as including any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable)2.
Arrangements are relevant avoidance arrangements if their main purpose, or one of their main purposes, is to enable a company to obtain a derivative-related tax advantage3. A company will obtain a
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