Commentary on Sections Overview Chapter 5: Continuity of treatment on transfers within groups Section 629: Tax avoidance
1721.This section disapplies section 625 in two cases where avoidance of tax is involved. It is based on paragraph 28(3ZB), (3ZC) and (3ZD) of Schedule 26 to FA 2002.
1722.The first case (subsection (1)) is if the transferor is a party to arrangements for tax avoidance purposes under which the derivative contract will be transferred on by the transferee. The second case (subsection (4)) is if another provision countering tax avoidance (section 698) applies to a disposal which would otherwise be within section 625.