123 Penalties for enablers of defeated tax avoidance

123  Penalties for enablers of defeated tax avoidance

(1)     Schedule 16 to F(No 2)A 2017 (penalties for enablers of defeated tax avoidance) is amended as follows.

(2)     In paragraph 21 (special provision about assessment for multi-user schemes)—

(a)     in sub-paragraph (1)(c), for “, the required percentage of relevant defeats has not been reached” substitute “(other than a tribunal or court defeat), neither condition 1 nor condition 2 has been met”;

(b)     in sub-paragraph (2), for “the required percentage of relevant defeats is reached” substitute “condition 1 or condition 2 is met”;

(c)     after sub-paragraph (2) insert—

“(2A)     Condition 1 is that a defeat that is a tribunal or court defeat is incurred in the case of at least one of the number of related arrangements implementing the proposal.

(2B)     Condition 2 is that the required number or percentage of relevant defeats is reached.

(2C)     For the purposes of this paragraph, a defeat incurred in respect of arrangements is a “tribunal or court defeat” if—

(a)     condition A (in paragraph 5) is met and the adjustments mentioned in paragraph 5(2) have been confirmed by a tribunal or court, or

(b)     condition B (in paragraph 6) is met and the assessment mentioned

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