“…nstead modify the effect of s.44. Thus s.44 must be read with the modifications made to it by s.45. As Lewison LJ said in DV3 RS LP v HMRC [2013] EWCA Civ 907; [2013] STC 2150 (“DV3”) at [20]:…”
“… purpose of the deeming provisions” (quoting from the judgment of Lewison LJ in DV3 RS Ltd Partnership v Revenue and Customs Commissioners [2013] EWCA Civ 907, [2013] STC 2150, at paragraph 22). As can be seen from the explanatory notes for what became the Finance Act 2005, section 91B was aimed at countering schemes which sought to …”