The information provided suggests that conditions A, B and C of the targeted anti-avoidance rule are satisfied.
CTM36305 - Particular topics: company winding up TAAR: targeted anti-avoidance rule (TAAR)
Where conditions A, B and C are satisfied S396B/404A will still not apply unless Condition D is also met. Subject to the facts of the case, where Condition C is met due to an individual remaining ‘involved with the carrying on of’ a trade as an employee, rather than as an owner, shareholder or partner, and has no involvement in or influence over the direction or decision-making of the entity carrying on the activities, it is less likely that Condition D will be met.
CTM36340 - Particular topics: company winding up TAAR: condition D
However, ITTOIA05/S396B/404A provides no statutory clearance procedure. Although there is a non-statutory clearance procedure, the applicant would not be uncertain about purpose, which is a subjective matter. It follows that a clearance application would not be appropriate unless it is limited to the application of specific rules in the legislation where there is genuine uncertainty about their application to a specific proposed transaction.
You can find information on our Non-Statutory Clearance Service and how to make an application here:
Find out about the Non-Statutory Clearance Service