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United Kingdom
United Kingdom
Key definition
Anti-avoidance definition What does Anti-avoidance mean? Anti-avoidance describes measures used to stop parties structuring transactions to sidestep statutory liabilities or weaken creditor protections. In pensions practice in the UK, it most often refers to The Pensions Regulator’s (TPR) powers to deter or remedy avoidance of defined benefit scheme obligations, especially the section 75 employer debt. Although “anti-avoidance” is a descriptive term, key powers are set out in legislation. Under the Pensions Act 2004 (as amended, notably by the Pension Schemes Act 2021), TPR may issue: - Contribution notices (CNs), requiring payment to a scheme. Statutory “tests” include main purpose, material detriment, and (from 2021) the...
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UK Transfer of Assets Abroad—Motive Defence under ITA 2007: Conditions pre/post-5 December 2005, Commerciality, Associated Operations, Recent Cases, and HMRC Procedure (including 2025 benefits charge changes)
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Practice notes
Transfer of assets abroad code (TAA Code)
Part 13, Chapter 2 of the Income Tax Act 2007 (ITA 2007) sets out key UK Anti-avoidance Rules referred to as the transfer of assets abroad code. The TAA Code creates an income tax charge where a ‘relevant transaction’ exists in three situations.
- First, a charge applies to individuals treated as having income under ITA 2007, s 721—those with the power to enjoy such income (see Practice Note: Transfer of assets abroad—transferors having the power to enjoy income).
- Secondly, a charge applies to individuals treated as having income under ITA 2007, s 728—those who receive capital sums (see Practice Note: Transfer of assets abroad—transferors receiving capital sums). Together, these are called the ‘transferor charge’.
- Thirdly, a charge applies to individuals to whom income is treated as arising under ITA 2007, s 732 as a consequence of a relevant transaction. Known as the ‘benefits charge’, it applies to people receiving benefits from offshore entities, for example beneficiaries under a trust.
Before amendments introduced by Finance (No 2) Act 2017 and Finance Act 2018, the benefits charge applied only to ‘non-transferors’. From 6 April 2017 until...
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Web page updated on 28/05/2026
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