Law

Taxation (International and Other Provisions) Act 2010

United Kingdom · statute

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In force since 2026-03-18, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 675 provisions
  1. Title and introductory text
  2. 1 Overview of Act
  3. 2 Giving effect to arrangements made in relation to other territories
  4. 3 Arrangements may include retrospective or supplementary provision
  5. 4 Meaning of “double taxation” in sections 2 and 3
  6. 5 Orders under section 2: contents and procedure
  7. 6 The effect given by section 2 to double taxation arrangements
  8. 7 General regulations
  9. 8 Interpretation: “unilateral relief arrangements” means rules 1 to 9, etc
  10. 9 Rule 1: the unilateral entitlement to credit for non-UK tax
  11. 10 Rule 2: accrued income profits
  12. 11 Rule 3: interaction between double taxation arrangements and rules 1 and 2
  13. 12 Rule 4: cases in which, and calculation of, credit allowed for tax on dividends
  14. 13 Rule 5: credit for tax charged directly on dividend
  15. 14 Rule 6: credit for underlying tax on dividend paid to 10% associate of payer
  16. 15 Rule 7: credit for underlying tax on dividend paid to sub-10% associate
  17. 16 Rule 8: credit for underlying tax on dividend paid by exchanged associate
  18. 17 Rule 9: credit in relation to dividends for spared tax
  19. 18 Entitlement to credit for foreign tax reduces UK tax by amount of the credit
  20. 19 Time limits for claims for relief under section 18(2)
  21. 20 Foreign tax includes tax spared because of international development relief
  22. 21 Meaning of “the arrangements”, “the non-UK territory”, “foreign tax” etc
  23. 23 Time limits for claims for relief under section 22(2)
  24. 25 Credit not allowed if relief allowed against overseas tax
  25. 26 Credit not allowed under arrangements unless taxpayer is UK resident
  26. 27 Credit not allowed if person elects against credit
  27. 28 Unilateral relief for Isle of Man or Channel Islands tax
  28. 29 Unilateral relief for tax on income from employment or office
  29. 30 Unilateral relief for non-UK tax on non-resident's UK branch or agency etc
  30. 31 Calculation of income or gain where remittance basis does not apply
  31. 32 Calculation of amount received where UK tax charged on remittance basis
  32. 33 Limit on credit: minimisation of the foreign tax
  33. 34 Reduction in credit: payment by reference to foreign tax
  34. 35 Disallowed credit: use as a deduction
  35. 36 Amount of limit
  36. 37 Credit against tax on trade income: further rules
  37. 38 Credit against tax on royalties: further rules
  38. 39 Credit reduced by reference to accrued income losses
  39. 40 Amount of limit
  40. 41 Amount of limit
  41. 42 Amount of limit
  42. 43 Profits attributable to permanent establishments for purposes of section 42(2)
  43. 44 Credit against tax on trade income
  44. 45 Credit against tax on trade income: anti-avoidance rules
  45. 46 Applying section 44(2): asset in hedging relationship with derivative contract
  46. 47 Applying section 44(2): royalty income
  47. 48 Applying section 44(2): “portfolio” of transactions, arrangements or assets
  48. 49 Restricting section 44(3) if company is a bank or connected with a bank
  49. 49A Limit on credit in cases involving qualifying loan relationships of CFCs
  50. 49B Applying section 42(2) to non-trading credits from loan relationships etc
  51. 50 Tax for period on loan relationships
  52. 51 Tax for period on intangible fixed assets
  53. 52 General deductions
  54. 53 Earlier years' non-trading deficits on loan relationships
  55. 54 Non-trading debits on loan relationships
  56. 55 Current year's non-trading deficits on loan relationships
  57. 56 Non-trading debits on intangible fixed assets
  58. 57 Credit in respect of dividend: taking account of underlying tax
  59. 58 Calculation if dividend paid by non-resident company to resident company
  60. 59 Meaning of “relevant profits” in section 58
  61. 60 Underlying tax to be left out of account on claim to that effect
  62. 61 Calculation if section 58 does not apply
  63. 62 Meaning of “relevant profits” in section 61
  64. 63 Non-UK company dividend paid to 10% investor: relief for UK and other tax
  65. 64 Meaning of “dividend-paying chain” of companies
  66. 65 Relief for underlying tax paid by company lower in dividend-paying chain
  67. 66 Limitations on section 65(4)
  68. 67 Restriction of relief if underlying tax at rate higher than rate of corporation tax
  69. 68 Meaning of “avoidance scheme” in section 67
  70. 69 Dividends paid out of transferred profits
  71. 70 Underlying tax reflecting interest on loans
  72. 71 Foreign taxation of group as single entity
  73. 71A Circumstances in which section 71B applies
  74. 71B Reduction of foreign tax paid on profits of overseas PE
  75. 72 Application of section 73(1)
  76. 73 Carry-forward and carry-back of unrelieved foreign tax
  77. 74 Rules for carrying back unrelieved foreign tax
  78. 75 Two or more establishments treated as a single establishment
  79. 76 Former and subsequent establishments regarded as distinct establishments
  80. 77 Claims for relief under section 73(1)
  81. 78 Meaning of “overseas permanent establishment”
  82. 79 Time limits for action if tax adjustment makes credit excessive or insufficient
  83. 80 Duty to give notice that adjustment has rendered credit excessive
  84. 81 Countering effect of avoidance arrangements
  85. 82 Conditions for the purposes of section 81(1)
  86. 83 Schemes and arrangements referred to in section 82(4)
  87. 84 Section 83(2) and (4): schemes enabling attribution of foreign tax
  88. 85 Section 83(2) and (4): schemes about effect of paying foreign tax
  89. 85A Section 83(2) and (4): schemes involving deemed foreign tax
  90. 86 Section 83(2) and (4): schemes about claims or elections etc
  91. 87 Section 83(2) and (4): schemes that would reduce a person's tax liability
  92. 88 Section 83(2) and (4): schemes involving tax-deductible payments
  93. 89 Contents of counteraction notice
  94. 90 Consequences of counteraction notices
  95. 91 Counteraction notices given before tax return made
  96. 92 Counteraction notices given after tax return made
  97. 93 Amendment, closure notices and discovery assessments in section 92 cases
  98. 94 Information made available for the purposes of section 92(4)
  99. 95 Interpretation of sections 89 to 94
  100. 96 Companies with overseas branches: restriction of credit
  101. 97 Companies with more than one category of business: restriction of credit
  102. 97A Commercial allocation of relevant income to different categories of long-term business
  103. 98 Attribution for section 97 purposes if category is gross roll-up business
  104. 99 Allocation of expenses etc in calculations under section 35 of CTA 2009
  105. 100 First limitation for purposes of section 99(2)
  106. 101 Second limitation for purposes of section 99(2)
  107. 102 Interpreting sections 99 to 101 for life assurance or gross roll-up business
  108. 103 Interpreting sections 99 to 101 ...
  109. 104 Interpreting sections 100 and 101: amounts referable to category of business
  110. 105 Meaning of “chargeable gain”
  111. 106 Chapters 1 and 2 apply to capital gains tax separately from other taxes
  112. 107 Disregard of foreign tax referable to derivative contract
  113. 108 Disregard of foreign tax attributable to interest under a loan relationship
  114. 109 Repo cases in which no disregard under section 108
  115. 110 Stock-lending cases in which no disregard under section 108
  116. 111 When payment to beneficiary treated as arising from foreign source
  117. 112 Deduction from income for foreign tax (instead of credit against UK tax)
  118. 113 Deduction from capital gain for foreign tax (instead of credit against UK tax)
  119. 114 Time limits for action if tax adjustment makes reduction too large or too small
  120. 115 Duty to give notice that adjustment has rendered reduction too large
  121. 116 Introduction to section 117
  122. 117 Tax treated as chargeable in respect of transfer of loan relationship, derivative contract or intangible fixed assets
  123. 118 Introduction to section 119
  124. 119 Tax treated as chargeable in respect of transfer of loan relationship, derivative contract or intangible fixed assets
  125. 120 Introduction to section 121
  126. 121 Tax treated as chargeable in respect of relevant transactions
  127. 122 Tax treated as chargeable in respect of gains on transfer of non-UK business
  128. 123 Interpretation of sections 116 to 122
  129. 124 Giving effect to solutions to cases and mutual agreements resolving cases
  130. 125 Effect of, and deadline for, presenting a case
  131. 126 Meaning of “the Arbitration Convention”
  132. 127 Giving effect to agreements, decisions and opinions under the Convention
  133. 128 Disclosure under the Convention
  134. 128A Power by regulations to give effect to international obligations etc
  135. 128B Giving effect to requirements under section 128A regulations
  136. 128C Disclosure under international obligations etc
  137. 129 Disclosure where relief given overseas for tax paid in the United Kingdom
  138. 130 Interpreting provision about UK taxation of profits of foreign enterprises
  139. 130A Interpreting provision about UK taxation of pensions etc
  140. 131 Interpreting provision about interest influenced by special relationship
  141. 132 Interpreting provision about royalties influenced by special relationship
  142. 133 Special relationship rule for royalties: matters to be shown by taxpayer
  143. 134 Correcting assessments where relief is available
  144. 135 Relief under this Part: introductory
  145. 136 Interpretation of Part
  146. 137 Income tax credit etc for special withholding tax
  147. 138 Amount and application of the deemed tax under section 137
  148. 139 Capital gains tax credit etc for special withholding tax
  149. 140 Provisions about the deemed tax under section 139
  150. 141 Credit under Chapter 2 of Part 2 to be allowed first
  151. 142 Conditions for purposes of section 143
  152. 143 Taking account of special withholding tax in calculating income or gains
  153. 144 Issue of certificate
  154. 145 Refusal to issue certificate and appeal against refusal
  155. 146 Application of this Part
  156. 147 Tax calculations to be based on arm's length, not actual, provision
  157. 148 The “participation condition”
  158. 148A Participation condition treated as met: transfer pricing notice
  159. 149 “Actual provision” and “affected persons”
  160. 150 “Transaction” and “series of transactions”
  161. 151 “Arm's length provision”
  162. 152 Arm's length provision where actual provision relates to securities
  163. 153 Arm's length provision where security issued and guarantee given
  164. 153A Certain guarantees not capable of being arm’s length
  165. 153B Election for deemed guarantee
  166. 154 Interpretation of sections 153A and 153B
  167. 155 “Potential advantage” in relation to United Kingdom taxation
  168. 156 “Losses” and “profits”
  169. 157 Direct participation
  170. 158 Indirect participation: defined by sections 159 to 161
  171. 159 Indirect participation: potential direct participant
  172. 160 Indirect participation: one of several major participants
  173. 161 Indirect participation: involvement in financing arrangements
  174. 162 Indirect participation: sections 148 , 175 and 219(2): further financing cases
  175. 162A Agreements for common management
  176. 162B Arrangements to avoid participation condition
  177. 163 Meaning of “connected” in sections 159 and 161
  178. 164 Part to be interpreted in accordance with OECD principles
  179. 164A UK to UK Exemption
  180. 165 Exemption for dormant companies
  181. 166 Exemption for small and medium-sized enterprises
  182. 167 Small and medium-sized enterprises: exceptions from exemption
  183. 167A Small enterprises: exception from exemption: transfer pricing notice
  184. 168 Medium-sized enterprises: exception from exemption: transfer pricing notice
  185. 169 Giving of transfer pricing notices
  186. 170 Appeals against transfer pricing notices
  187. 171 Tax returns where transfer pricing notice given
  188. 172 Meaning of “small enterprise” and “medium-sized enterprise”
  189. 173 Meaning of “qualifying territory” and “non-qualifying territory”
  190. 173A Exchange gains and losses arising as a result of qualifying loan relationships and derivative contracts
  191. 174 Claim by the affected person who is not potentially advantaged etc
  192. 174A Claims under section 174 where disadvantaged person within charge to income tax
  193. 175 Application of section 174 where guarantee disallowed
  194. 176 Claims under section 174: advantaged person must have made return
  195. 177 Time for making, or amending, claim under section 174
  196. 178 Meaning of “return” in sections 176 and 177
  197. 179 Compensating payment if advantaged person is controlled foreign company
  198. 180 Application of section 174(2)(a) in relation to transfers of trading stock etc
  199. 181 Section 182 applies to claims where actual provision relates to borrowing
  200. 182 Making of section 182 claims
  201. 183 Giving effect to section 182 claims
  202. 184 Amending a section 182 claim if it is followed by relevant notice
  203. 185 Notice to potential claimants
  204. 186 Extending claim period if notice under section 185 not given or given late
  205. 187 Tax treatment if actual interest exceeds arm's length interest
  206. 187A Excess interest treated as a ... distribution
  207. 188 Double taxation relief by way of credit for foreign tax
  208. 189 Double taxation relief by way of deduction for foreign tax
  209. 190 Meaning of “relevant notice”
  210. 191 When sections 192 to 194 apply
  211. 192 Attribution to guarantor company of things done by borrower
  212. 192A Provision for cases within Part 6A
  213. 193 Interaction between claims under sections 174 and 192(1)
  214. 194 Claims under section 192(1): general provisions
  215. 195 Qualifying conditions for purposes of section 196
  216. 196 Balancing payments between affected persons: no charge to, or relief from, tax
  217. 197 Qualifying conditions for purposes of section 198
  218. 198 Balancing payments by guarantor to borrower: no charge to, or relief from, tax
  219. 199 Pre-conditions for making election under section 200
  220. 200 Election to pay tax rather than make balancing payments
  221. 201 Pre-conditions for making election under section 202
  222. 202 Election, in guarantee case, to pay tax rather than make balancing payments
  223. 203 Elections under section 200 or 202
  224. 204 Meaning of “capital market condition” in sections 199 and 201
  225. 205 Provision made or imposed between ring-fence trade and other activities
  226. 206 Meaning of “oil-related ring-fence trade” in sections 205 and 218
  227. 206A Modification of basic rule where allowances restricted for certain expenditure
  228. 207 Application of Part to unit trusts
  229. 208 The determinations which require the Commissioners' sanction
  230. 209 Determinations exempt from requirement for Commissioners' sanction
  231. 210 The requirement for the Commissioners' sanction
  232. 211 Restriction of right to appeal against Commissioners' approval
  233. 212 Appeals
  234. 213 Capital allowances
  235. 214 Chargeable gains
  236. 215 Manner of making adjustments to give effect to Part
  237. 216 Meaning of “the relevant activities”
  238. 217 Meaning of “control” and “firm”
  239. 217A Introduction
  240. 217B Unassessed transfer pricing profits
  241. 217C Conditions for being assessed under this Part at the UTPP rate
  242. 217D Effective tax mismatch outcome
  243. 217E Tax design condition
  244. 217F Preliminary notices
  245. 217G Representations by the company
  246. 217H Assessment
  247. 217I Amendment of company tax return by company
  248. 217J Amendment of assessment by HMRC
  249. 217K No postponement except before assessment is finalised for tax on same profits
  250. 217L Closure notices: rules relating to period for amendments
  251. 217M Appeal against assessment
  252. 217N Review of assessment
  253. 217P Settling of appeal by agreement
  254. 217Q No repayment
  255. 217R Exclusion of reliefs, deductions and set-offs
  256. 217S Assessment otherwise than at UTPP rate: no deduction for excess losses
  257. 217T Interpretation
  258. 218 Meaning of “advance pricing agreement”
  259. 219 Meaning of “associate” in section 218(2)(e)
  260. 220 Effect of agreement on party to it
  261. 221 Effect of revocation of agreement or breach of its conditions
  262. 222 Effect of agreement on non-parties
  263. 223 Application for agreement
  264. 224 Provision in agreement about years ended or begun before agreement made
  265. 225 Modification and revocation of agreement
  266. 226 Annulment of agreement for misrepresentation
  267. 227 Penalty for misrepresentation in connection with agreement
  268. 228 Party to agreement: duty to provide information
  269. 229 Modifications of agreement for double taxation purposes
  270. 230 Interpretation of Part: meaning of “Commissioners” and “officer”
  271. 259A Overview of Part
  272. 259B “Tax” means certain taxes on income and includes foreign tax etc
  273. 259BA References to equivalent provision to this Part under the law of a territory outside the United Kingdom
  274. 259BB Meaning of “payment”, “quasi-payment”, “payer”, “payee” etc
  275. 259BC The basic rules
  276. 259BD Chargeable companies in respect of CFCs and foreign CFCs
  277. 259BE Meaning of “hybrid entity”, “investor” and “investor jurisdiction”
  278. 259BF Meaning of “permanent establishment”
  279. 259C Overview of Chapter
  280. 259CA Circumstances in which the Chapter applies
  281. 259CB Hybrid or otherwise impermissible deduction/non-inclusion mismatches and their extent
  282. 259CC Interpretation of section 259CB
  283. 259CD Counteraction where the payer is within the charge to corporation tax for the payment period
  284. 259CE Counteraction where a payee is within the charge to corporation tax
  285. 259D Overview of Chapter
  286. 259DA Circumstances in which the Chapter applies
  287. 259DB Meaning of “hybrid transfer arrangement”, “underlying instrument” etc
  288. 259DC Hybrid transfer deduction/non-inclusion mismatches and their extent
  289. 259DD Interpretation of section 259DC
  290. 259DE The financial trader exclusion
  291. 259DF Counteraction where the payer is within the charge to corporation tax for the payment period
  292. 259DG Counteraction where a payee is within the charge to corporation tax
  293. 259E Overview of Chapter
  294. 259EA Circumstances in which the Chapter applies
  295. 259EB Hybrid payer deduction/non-inclusion mismatches and their extent
  296. 259EC Counteraction where the hybrid payer is within the charge to corporation tax for the payment period
  297. 259ED Counteraction where a payee is within the charge to corporation tax
  298. 259F Overview of Chapter
  299. 259FA Circumstances in which the Chapter applies
  300. 259FB Counteraction of the excessive PE deduction
  301. 259FC Meaning of excessive PE inclusion income
  302. 259G Overview of Chapter
  303. 259GA Circumstances in which the Chapter applies
  304. 259GB Hybrid payee deduction/non-inclusion mismatches and their extent
  305. 259GC Counteraction where the payer is within the charge to corporation tax for the payment period
  306. 259GD Counteraction where the investor is within the charge to corporation tax
  307. 259GE Counteraction where a hybrid payee is an LLP
  308. 259H Overview of Chapter
  309. 259HA Circumstances in which the Chapter applies
  310. 259HB Multinational payee deduction/non-inclusion mismatches and their extent
  311. 259HC Counteraction of the multinational payee deduction/non-inclusion mismatch
  312. 259I Overview of Chapter
  313. 259IA Circumstances in which the Chapter applies
  314. 259IB Counteraction where the investor is within the charge to corporation tax
  315. 259IC Counteraction where the hybrid entity is within the charge to corporation tax
  316. 259ICA Deemed dual inclusion income for the purposes of section 259IC
  317. 259ID Section 259ID income for the purposes of section 259IC
  318. 259J Overview of Chapter
  319. 259JA Circumstances in which the Chapter applies
  320. 259JB Counteraction where mismatch arises because of a dual resident company
  321. 259JC Counteraction where mismatch arises because of a relevant multinational and the UK is the parent jurisdiction
  322. 259JD Counteraction where mismatch arises because of a relevant multinational and is not counteracted in the parent jurisdiction
  323. 259JE Meaning of excessive PE inclusion income
  324. 259K Overview of Chapter
  325. 259KA Circumstances in which the Chapter applies
  326. 259KB Meaning of “dual territory double deduction”, “excessive PE deduction” and “PE jurisdiction”
  327. 259KC Denial of the relevant deduction in relation to the imported mismatch payment
  328. 259KD Deductions from dual inclusion income
  329. 259KE Limit on reduction under section 259KC
  330. 259KF Provision for cases within Part 4
  331. 259L Adjustments where suppositions cease to be reasonable
  332. 259LA Deduction from taxable total profits where an amount of ordinary income arises late
  333. 259LB Adjustments in light of later treatment for accounting purposes
  334. 259ZM Overview of Chapter
  335. 259ZMA Circumstances in which Chapter applies
  336. 259ZMB Claims for allocation of DII surplus
  337. 259ZMC The unused part of the DII surplus
  338. 259ZMD The unused part of the DII shortfall
  339. 259ZME Groups of companies
  340. 259ZMF Meaning of “dual inclusion income” and “counteraction amount”
  341. 259M Countering the effect of avoidance arrangements
  342. 259MA Meaning of “transparent fund”
  343. 259MB Application of Chapters 3, 4, 5 and 7
  344. 259MC Application of Chapter 9
  345. 259MD Application of Chapter 11
  346. 259N Meaning of “financial instrument”
  347. 259NA Meaning of “relevant investment fund”
  348. 259NB Control groups
  349. 259NC Related persons
  350. 259ND Meaning of “50% investment” and “25% investment”
  351. 259NDA Meaning of “qualifying institutional investor” etc
  352. 259NE Treatment of a person who is a member of a partnership
  353. 259NEZA Securitisation companies
  354. 259NEA Priority
  355. 259NEB Relevant debt relief circumstances: introductory
  356. 259NEC Release of debts
  357. 259NED Release of connected companies debts
  358. 259NEE Release of connected companies debts during creditor’s insolvency
  359. 259NEF Corporate rescue: debt released shortly after connection arises
  360. 259NF Definitions
  361. 354 Power to make regulations about tax treatment of participants
  362. 355 Meaning of “offshore fund”
  363. 356 Meaning of “mutual fund”
  364. 357 Exceptions to definition of “mutual fund”
  365. 358 Meaning of “relevant income-producing asset”
  366. 359 Power to make regulations about exceptions to definition of “mutual fund”
  367. 360 Treatment of umbrella arrangements
  368. 361 Treatment of arrangements comprising more than one class of interest
  369. 362 Meaning of “participant” and “participation”
  370. 363 Meaning of “umbrella arrangements” and “part of umbrella arrangements”
  371. 363A Residence of undertakings for collective investment in transferable securities and alternative investment funds
  372. 364 Oil activities
  373. 365 Alternative finance arrangements
  374. 366 Power to amend the alternative finance provisions
  375. 367 Leasing arrangements: finance leases and loans
  376. 368 Sale and lease-back etc
  377. 369 Factoring of income etc
  378. 370 UK representatives of non-UK residents
  379. 371 Miscellaneous relocations
  380. 371AA Overview of Part
  381. 371BA Introduction to the CFC charge
  382. 371BB The CFC charge gateway
  383. 371BC Charging the CFC charge
  384. 371BD Chargeable companies
  385. 371BE Companies which are managers of offshore funds etc
  386. 371BF Companies which are participants in offshore funds
  387. 371BG Companies holding shares as trading assets etc
  388. 371BH Companies carrying on BLAGAB
  389. 371BI Banking companies
  390. 371CA Does Chapter 4 apply?
  391. 371CB Does Chapter 5 apply?
  392. 371CC Incidental non-trading finance profits: the 5% rule
  393. 371CD Incidental non-trading finance profits: the further 5% rule
  394. 371CE Does Chapter 6 apply?
  395. 371CEA Section 371CE: meaning of “group treasury company”
  396. 371CF Does Chapter 7 apply?
  397. 371CG Does Chapter 8 apply?
  398. 371DA Introduction to Chapter
  399. 371DB The steps
  400. 371DC Exclusion: UK activities a minority of total activities
  401. 371DD Exclusion: economic value
  402. 371DE Exclusion: independent companies' arrangements
  403. 371DF Exclusion: trading profits (the basic rule)
  404. 371DG Exclusion: trading profits (business premises condition)
  405. 371DH Exclusion: trading profits (income condition)
  406. 371DI Exclusion: trading profits (management expenditure condition)
  407. 371DJ Exclusion: trading profits (IP condition)
  408. 371DK Exclusion: trading profits (export of goods condition)
  409. 371DL Exclusion: trading profits (anti-avoidance)
  410. 371EA The basic rule
  411. 371EB UK activities
  412. 371EC Capital investment from the UK
  413. 371ED Arrangements in lieu of dividends etc to UK resident companies etc
  414. 371EE Leases to UK resident companies etc
  415. 371FA The basic rule
  416. 371FB Qualifying loan relationships
  417. 371FC Loans from foreign permanent establishments of UK resident companies
  418. 371FD Exclusion: banking business
  419. 371FE Exclusion: insurance business
  420. 371GA The basic rule
  421. 371HA The basic rule
  422. 371IA The basic rule
  423. 371IB Loans funded out of qualifying resources
  424. 371IC What is the “qualifying value” of “relevant pre-acquisition funds or other assets”?
  425. 371ID The 75% exemption
  426. 371IE The “matched interest profits” exemption
  427. 371IF Determining the profits of a qualifying loan relationship
  428. 371IG What is a “qualifying loan relationship”?
  429. 371IH Exclusions from definition of “qualifying loan relationship”
  430. 371II Power to amend definitions
  431. 371IJ Claims
  432. 371JA Introduction to Chapter
  433. 371JB The basic rule
  434. 371JC When does an exempt period begin?
  435. 371JD How long is an exempt period?
  436. 371JE Adjustment of profits passing through the CFC charge gateway
  437. 371JF Anti-avoidance
  438. 371JG Amendment of company tax returns
  439. 371KA Introduction to Chapter
  440. 371KB The basic rule
  441. 371KC How to determine the territory in which a CFC is resident
  442. 371KD What is “the threshold amount”?
  443. 371KE Category A income: the basic rule
  444. 371KF Category A income: permanent establishments in excluded territories
  445. 371KG Category B income
  446. 371KH Category C income
  447. 371KI Category D income
  448. 371KJ The IP condition
  449. 371LA Introduction to Chapter
  450. 371LB The basic rule
  451. 371LC Anti-avoidance
  452. 371MA Introduction to Chapter
  453. 371MB The basic rule
  454. 371MC Anti-avoidance
  455. 371NA Introduction to Chapter
  456. 371NB The basic rule
  457. 371NC Reductions to “the local tax amount”
  458. 371ND What are “designer rate tax provisions”?
  459. 371NE How to determine “the corresponding UK tax”
  460. 371OA Application of Chapter
  461. 371OB Provision about interpretation
  462. 371OC “Relevant interests” of UK resident companies
  463. 371OD “Relevant interests” of persons related to UK resident companies
  464. 371OE Other “relevant interests”
  465. 371PA What is “creditable tax”?
  466. 371QA Application of Chapter
  467. 371QB Provision about interpretation
  468. 371QC The basic rules
  469. 371QD Apportionments to be made in proportion to shareholding
  470. 371QE Indirect shareholdings
  471. 371QF Variable shareholdings
  472. 371QG Anti-avoidance
  473. 371RA Overview of Chapter
  474. 371RB Legal and economic control
  475. 371RC Legal and economic control: the 40% rule
  476. 371RD Legal and economic control: supplementary provision
  477. 371RE Control determined by reference to accounting standards
  478. 371RF Power to amend section 371RE etc
  479. 371RG Companies in which a UK resident company has more than a 50% investment
  480. 371SA Overview of Chapter
  481. 371SB What are “assumed taxable total profits” and “assumed total profits”?
  482. 371SC What are “the corporation tax assumptions”?
  483. 371SD UK residence etc
  484. 371SE Close company
  485. 371SF Claims and elections
  486. 371SG Disapplication of assumption in section 371SF(1)
  487. 371SH Elections under section 9A of CTA 2010
  488. 371SI Modification of sections 6 and 7 of CTA 2010
  489. 371SJ Elections for leases to be treated as long funding leases
  490. 371SK Intangible fixed assets
  491. 371SKA Restrictions on certain deductions: deductions allowances
  492. 371SL Group relief etc
  493. 371SLA Corporate interest restriction
  494. 371SM Capital allowances
  495. 371SN Unremittable overseas income
  496. 371SO Tax advantages
  497. 371SP Disguised interest: application of Chapter 2A of Part 6 of CTA 2009
  498. 371SQ Shares accounted for as liabilities: application of section 521C of CTA 2009
  499. 371SR Double taxation relief: countering effect of avoidance arrangements
  500. 371TA The basic rule
  501. 371TB How to determine the territory in which the CFC is resident
  502. 371TC Elections and designations about residence
  503. 371UA Introduction to Chapter
  504. 371UB Application of the Taxes Acts to the CFC charge
  505. 371UBA Payments in respect of a charge on a banking company: information to be provided
  506. 371UC Just and reasonable apportionments
  507. 371UD Relief against sum charged
  508. 371UE Appeals affecting more than one person
  509. 371UF Recovery of sum charged from other UK resident companies
  510. 371VA Definitions
  511. 371VB Accounting periods
  512. 371VC Accounting profits
  513. 371VD Adjustments to accounting profits
  514. 371VE Cell companies etc
  515. 371VF Connected persons etc
  516. 371VG Finance profits
  517. 371VH Interests in companies
  518. 371VI Property business profits
  519. 371VIA Relevant finance leases
  520. 371VJ Regulations
  521. 372 Overview
  522. 373 Meaning of “subject to interest restrictions”, “the total disallowed amount” etc
  523. 374 Interest restriction returns
  524. 375 Disallowance of deductions: full interest restriction return submitted
  525. 376 Disallowance of deductions: no return, or non-compliant return, submitted
  526. 377 Disallowance of deductions: identification of the tax-interest amounts to be left out of account
  527. 378 Disallowed tax-interest expense amounts carried forward
  528. 379 Reactivation of interest
  529. 380 Reactivation of deductions: identification of the tax-interest amounts to be brought into account
  530. 381 Set-off of disallowances and reactivations in the same accounting period
  531. 382 The tax-interest expense amounts of a company
  532. 383 Relevant loan relationship debits
  533. 384 Relevant derivative contract debits
  534. 385 The tax-interest income amounts of a company
  535. 386 Relevant loan relationship credits
  536. 387 Relevant derivative contract credits
  537. 388 Double taxation relief
  538. 389 The “net tax-interest expense” or “net tax-interest income” of a company
  539. 390 The worldwide group's aggregate net tax-interest expense and income
  540. 391 Meaning of “impairment loss”
  541. 391A Amounts capitalised in carrying value of intangible fixed assets
  542. 392 The interest capacity of a worldwide group for a period of account
  543. 393 Amount of interest allowance for a period that is “available” in a later period
  544. 394 When interest allowance is “used”
  545. 395 Amount of interest allowance for a period of account that is “unexpired” in later period
  546. 395A Carry forward of interest allowance: new holding company
  547. 396 The interest allowance of a worldwide group for a period of account
  548. 397 Basic interest allowance calculated using fixed ratio method
  549. 398 Basic interest allowance calculated using group ratio method
  550. 399 The group ratio percentage
  551. 400 The debt cap
  552. 400A Carry forward of excess debt cap: new holding company
  553. 401 Effect of group ratio (blended) election on group ratio percentage
  554. 402 Effect of group ratio (blended) election on group ratio debt cap
  555. 403 Calculations under sections 401 and 402: investor worldwide groups
  556. 404 Meaning of “investor”, “related party investor” and investor's “share”
  557. 405 The aggregate tax-EBITDA of a worldwide group
  558. 406 The tax-EBITDA of a company
  559. 407 Amounts not brought into account in determining a company's tax-EBITDA
  560. 408 Excluded relevant intangibles debits and excluded relevant intangibles credits
  561. 409 Double taxation relief
  562. 410 Net group-interest expense
  563. 411 “Relevant expense amount” and “relevant income amount”
  564. 412 Section 411: interpretation
  565. 413 Adjusted net group-interest expense
  566. 414 Qualifying net group-interest expense
  567. 415 Section 414: interpretation
  568. 416 Group-EBITDA
  569. 417 The capital (expenditure) adjustment
  570. 418 The capital (fair value movement) adjustment
  571. 419 The capital (disposals) adjustment
  572. 420 Derivative contracts subject to fair value accounting
  573. 421 Derivative contracts subject to fair value accounting: interpretation
  574. 422 Group-EBITDA (chargeable gains) election
  575. 423 Capitalised interest brought into account for tax purposes in accordance with GAAP
  576. 424 Employers' pension contributions
  577. 424A Unpaid employees’ remuneration
  578. 425 Employee share acquisitions
  579. 426 Changes in accounting policy
  580. 427 Group interest and group-EBITDA
  581. 428 Section 427: associated worldwide groups
  582. 429 Meaning of “non-consolidated associate”
  583. 430 Interest allowance (consolidated partnerships) election
  584. 431 Interpretation of Chapter
  585. 432 Overview of Chapter
  586. 433 Meaning of “qualifying infrastructure company”
  587. 434 Elections under section 433
  588. 435 Group elections modifying the operation of sections 433 and 434
  589. 436 Meaning of “qualifying infrastructure activity”
  590. 437 Section 436: supplementary
  591. 438 Exemption for interest payable to third parties etc
  592. 438A Application of section 438: certain creditors treated as qualifying infrastructure companies
  593. 439 Exemption in respect of certain pre-13 May 2016 loan relationships
  594. 440 Loans etc made by qualifying infrastructure companies to be ignored
  595. 441 Tax-EBITDA of qualifying infrastructure company to be nil
  596. 442 Amounts of qualifying infrastructure company left out of account for other purposes
  597. 443 Interest capacity for group with qualifying infrastructure company etc
  598. 444 Joint venture companies
  599. 445 Joint venture groups
  600. 446 Joint ventures: supplementary
  601. 447 Partnerships and other transparent entities
  602. 448 Decommissioning
  603. 449 Minor definitions for purposes of this Chapter
  604. 450 Banking companies
  605. 451 Oil and gas
  606. 452 Real Estate Investment Trusts
  607. 453 Insurance entities
  608. 454 Members of Lloyd's
  609. 454A Investments held by investment managers
  610. 455 Shipping companies subject to tonnage tax
  611. 456 Creditor relationships of companies determined on basis of fair value accounting
  612. 457 Elections under section 456: deemed debits and credits
  613. 458 Co-operative and community benefit societies etc
  614. 459 Charities
  615. 460 Long funding operating leases and finance leases
  616. 461 Counteracting effect of avoidance arrangements
  617. 462 Expressions relating to “related parties”: introduction
  618. 463 Whether a person is generally a “related party” of another
  619. 464 Meaning of “25% investment”
  620. 465 Attribution of rights and interests
  621. 466 Certain loan relationships etc to be treated as made between related parties
  622. 467 Holdings of debt and equity in same proportions
  623. 468 Debts with same rights where unrelated parties hold more than 50%
  624. 469 Debt restructuring
  625. 470 Ordinary independent financing arrangements by banks and others
  626. 471 Loans made by relevant public bodies
  627. 472 Finance leases granted before 20 March 2017
  628. 473 Meaning of “a worldwide group”, “ultimate parent” etc
  629. 474 Interpretation of section 473: “relevant entity”
  630. 475 Meaning of “non-consolidated subsidiary” and “consolidated subsidiary”
  631. 476 Continuity of identity of a worldwide group through time
  632. 477 Treatment of stapled entities
  633. 478 Treatment of business combinations
  634. 479 “Financial statements” of a worldwide group
  635. 480 “Period of account” of worldwide group
  636. 481 Actual financial statements not drawn up on acceptable principles
  637. 482 Actual financial statements drawn up on acceptable principles but consolidating wrong subsidiaries
  638. 483 Actual financial statements covering more than one worldwide group
  639. 484 No actual financial statements: ultimate parent draws up financial statements
  640. 485 No actual financial statements: other cases
  641. 486 Election altering period of account deemed under section 485
  642. 487 Actual financial statements ignored if for too long a period or too late
  643. 488 Meaning of “IAS financial statements”
  644. 489 References to amounts recognised in financial statements
  645. 490 Meaning of “relevant accounting period”
  646. 491 Meaning of “relevant public body”
  647. 492 Meaning of “UK group company”
  648. 493 Embedded derivatives
  649. 494 Other interpretation
  650. 495 Financial statements: different treatment by group or members
  651. 496 Parties to capital market arrangements
  652. 497 Change in accounting standards
  653. 498 Regulations
  654. 499 Orders and regulations
  655. 500 Abbreviated references to Acts
  656. 501 Minor and consequential amendments
  657. 502 Transitional provisions and savings
  658. 503 Repeals and revocations
  659. 504 Index of defined expressions
  660. 505 Extent
  661. 506 Commencement
  662. 507 Short title
  663. Schedule A1 Assessment of unassessed transfer pricing profits: partnerships and Lloyd’s syndicates
  664. SCHEDULE 1 Oil activities: new Chapter 16A of Part 2 of ITTOIA 2005
  665. SCHEDULE 2 Alternative finance arrangements
  666. SCHEDULE 3 Leasing arrangements: finance leases and loans
  667. SCHEDULE 4 Sale and lease-back etc: new Part 12A of ITA 2007
  668. SCHEDULE 5 Factoring of income etc: new Chapters 5B and 5C of Part 13 of ITA 2007
  669. SCHEDULE 6 UK Representatives of non-UK residents
  670. SCHEDULE 7 Miscellaneous relocations
  671. SCHEDULE 7A Interest restriction returns
  672. SCHEDULE 8 Minor and consequential amendments
  673. SCHEDULE 9 Transitionals and savings etc
  674. SCHEDULE 10 Repeals and revocations
  675. SCHEDULE 11 Index of defined expressions used in Parts 2 to 8

Proposed changes to this act

No one has proposed a change to this act yet.

675 provisions

78 Meaning of “overseas permanent establishment”

(1) For the purposes of sections 71A to 76 “overseas permanent establishment” means , in relation to a company, a permanent establishment through which the company carries on a trade in a territory outside the United Kingdom. (2) In subsection (1) “permanent establishment”— (a) if the arrangements are double taxation arrangements which contain a relevant non-discrimination provision, has the meaning given by the arrangements, and (b) if the arrangements are double taxation arrangements which do not contain a relevant non-discrimination provision, or if the arrangements are unilateral relief arrangements for a territory outside the United Kingdom, has the meaning given by the Model Tax Convention on Income and on Capital published by the Organisation for Economic Co-operation and Development in July 2010 (“the OECD”) or such other document published by the OECD in place of it as is designated from time to time by order made by the Treasury. (3) In subsection (2) “relevant non-discrimination provision” means a provision to the effect that the taxation on a permanent establishment of an enterprise of a state which is party to the arrangements (a “contracting state”) is not to be less favourably levied in any other contracting state than the taxation levied on enterprises of that other contracting state carrying on the same activities.

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79 Time limits for action if tax adjustment makes credit excessive or insufficient

(1) Subsection (2) applies to a claim or assessment if— (a) the amount of any credit given under the arrangements is reduced under section 34, or becomes excessive or insufficient by reason of any adjustment of the amount of any tax payable either in the United Kingdom or under the law of any other territory, (b) the reduction or adjustment gives rise to the claim or assessment, and (c) the claim or assessment is made not later than 6 years from the time when all material determinations have been made, whether in the United Kingdom or elsewhere. (2) Nothing in— (a) the Tax Acts, and (b) the enactments relating to capital gains tax, limiting the time for the making of assessments, or limiting the time for the making of claims for relief, applies to the assessment or claim. (3) In subsection (1)(c) “material determination” means an assessment, reduction, adjustment or other determination that is material in determining whether any, and (if so) what, credit is to be given.

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80 Duty to give notice that adjustment has rendered credit excessive

(1) This section applies if— (a) any credit for foreign tax has been allowed to a person under the arrangements, (b) later, the amount of that credit is reduced under section 34, or becomes excessive as a result of an adjustment of the amount of any tax payable under the law of a territory outside the United Kingdom, and (c) the reduction or adjustment is not a Lloyd's adjustment (see subsection (5)). (2) The person must give notice that a reduction has been made or that the amount of the credit has become excessive as a result of the making of an adjustment. (3) Notice under subsection (2) is to be given— (a) to an officer of Revenue and Customs, and (b) within one year from when the reduction or adjustment is made. (4) If the person fails to comply with the requirements imposed by subsections (2) and (3), the person is liable to a penalty not greater than the amount by which the credit has been reduced or has become excessive as a result of the adjustment. (5) For the purposes of subsection (1)(c), the reduction or adjustment is a “Lloyd's adjustment” if the consequences of the reduction or adjustment in relation to the credit are to be given effect in accordance with regulations under— (a) section 182(1) of FA 1993 (regulations about individual members of Lloyd's), or (b) section 229 of FA 1994 (regulations relating to corporate members of Lloyd's). (6) In this section so far as it relates to capital gains tax “notice” means notice in writing.

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81 Countering effect of avoidance arrangements

(1) This section applies if each of conditions A to D of section 82 is met in relation to a person. (2) The effects of a scheme or arrangement that are referable to the purpose referred to in condition B of that section are to be counteracted by the making of such adjustments as are necessary. (3) Any adjustments required to be made by this section (whether or not by an officer of Revenue and Customs) may be made by way of— (a) an assessment, (b) the modification of an assessment, or (c) amendment or disallowance of a claim, or otherwise.

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82 Conditions for the purposes of section 81(1)

(1) Conditions A to D are the conditions mentioned in section 81(1). (2) Condition A is that, in respect of any income or chargeable gain— (a) taken into account for the purposes of determining a person's liability to UK tax in a chargeable period, or (b) to be taken into account for the purposes of determining a person's liability to UK tax in a chargeable period, there is an amount of foreign tax for which, under the arrangements, credit is allowable against UK tax for the period. (3) Condition B is that there is a scheme or arrangement the main purpose of which, or one of the main purposes of which, is to cause an amount of foreign tax to be taken into account in the person's case for the period. (4) Condition C is that the scheme or arrangement is within section 83. (5) Condition D is that T is more than a minimal amount, where T is the sum of— (a) the total amount of the claims for credit that the person has made, or is in a position to make, for the period (“the counteraction period”), and (b) the total amount of all connected-person claims. (6) In subsection (5) “connected-person claim” means a claim that any person connected to the person has made, or is in a position to make, for any chargeable period that overlaps the counteraction period by at least one day. (7) In this section— “chargeable period”, in relation to capital gains tax, means tax year (see section 288(1ZA) of TCGA 1992), “foreign tax” includes any tax which for the purpose of allowing credit under the arrangements against corporation tax is treated by section 63(5) as if it were tax payable under the law of the non-UK territory, and “UK tax” means income tax, corporation tax or capital gains tax. (8) Section 286 of TCGA 1992 (meaning of “connected”) applies for the purposes of subsection (6) so far as applying in relation to capital gains tax.

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83 Schemes and arrangements referred to in section 82(4)

(1) For the purposes of section 82(4), a scheme or arrangement is within this section if it is within subsection (2) or (4). (2) A scheme or arrangement is within this subsection if— (a) it is not an underlying-tax scheme or arrangement, and (b) one or more of sections 84 to 88 apply to it. (3) For the purposes of this section, a scheme or arrangement is an “underlying-tax” scheme or arrangement if its main purpose, or one of its main purposes, is to cause an amount of underlying tax allowable in respect of a dividend paid by an overseas-resident body corporate to be taken into account in a person's case. (4) A scheme or arrangement is within this subsection if— (a) it is an underlying-tax scheme or arrangement, and (b) one or more of sections 84 to 88 would, on the assumption in subsection (5), apply to it. (5) The assumption is that the body corporate is resident in the United Kingdom. (6) Nothing in subsection (5) requires it to be assumed that there is any change in the place or places at which the body corporate carries on its activities. (7) In subsection (3) “overseas-resident” means resident in a territory outside the United Kingdom.

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84 Section 83(2) and (4): schemes enabling attribution of foreign tax

(1) This section applies to a scheme or arrangement if— (a) the scheme or arrangement enables a participant to pay, in respect of a source of income or chargeable gain, an amount of foreign tax, and (b) all or part of that amount of foreign tax is properly attributable to another source of income or chargeable gain. (2) In subsection (1) “participant” means a person who is party to, or concerned in, the scheme or arrangement.

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85 Section 83(2) and (4): schemes about effect of paying foreign tax

(1) This section applies to a scheme or arrangement if, under the scheme or arrangement, the condition in subsection (2) is met in relation to a person (“C”) who for a chargeable period has claimed, or is in a position to claim, any credit that under the arrangements is to be allowed for in respect of the payment of an amount of foreign tax (“the FT amount”). (2) The condition is that, when C entered into the scheme or arrangement, it could reasonably be expected that the effect on the foreign-tax total of the FT amount being paid or payable would be to increase that total by less than amount X. (3) In subsection (2)— “the foreign-tax total” means the amount found by— totalling the amounts of foreign tax paid or payable by the participants in respect of the transaction or transactions forming part of the scheme or arrangement, and taking into account any reliefs that arise to the participants, including any reliefs arising to any one or more of the participants as a consequence of the FT amount being paid or payable ..., and “amount X” means the amount allowable to C as a credit in respect of the payment of the FT amount. (4) In subsection (3)— “participant” means a person who is party to, or concerned in, the scheme or arrangement, and “reliefs” means reliefs, deductions, reductions or allowances against or in respect of any tax. (5) In subsection (1) so far as it relates to capital gains tax “chargeable period” means tax year (see section 288(1ZA) of TCGA 1992).

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85A Section 83(2) and (4): schemes involving deemed foreign tax

(1) This section applies to a scheme or arrangement if in relation to a claimant— (a) an amount (“amount X”) is treated by virtue of a provision of the Tax Acts as if it were an amount of foreign tax paid or payable by the claimant in respect of a source of income, and (b) condition A or B is met. (2) Condition A is met if, when the claimant entered into the scheme or arrangement, it could reasonably be expected that, under the scheme or arrangement, no real foreign tax would be paid or payable by a participant. (3) Condition B is met if, when the claimant entered into the scheme or arrangement, it could reasonably be expected that, under the scheme or arrangement— (a) an amount of real foreign tax (“the RFT amount”) would be paid or payable by a participant, but (b) the effect on the foreign-tax total of the RFT amount being so paid or payable would be to increase the foreign-tax total by less than the amount allowable to the claimant as a credit in respect of amount X. (4) In this section— “ claimant ” means a person who for a chargeable period has claimed, or is in a position to claim, for any credit that under the arrangements is to be allowed for foreign tax; “ the foreign-tax total ” has the meaning given by section 85(3), except that the reference to “the FT amount being paid or payable by C” must be read as a reference to “the RFT amount being paid or payable by any of them”; “ income ” includes a chargeable gain; “ participant ” means a person who is party to, or concerned in, the scheme or arrangement; “ real foreign tax ” means— in a case involving section 10 (accrued income profits), the foreign tax chargeable in respect of the interest on the securities, as mentioned in subsection (1)(c) of that section, ... in any other case, the foreign tax chargeable in respect of the source of income of which the source mentioned in subsection (1)(a) is representative.

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86 Section 83(2) and (4): schemes about claims or elections etc

(1) This section applies to a scheme or arrangement if ...— (a) a step is taken by a participant, or (b) a step that could have been taken by a participant is not taken, and that action or failure to act has the effect of increasing, or giving rise to, a claim by a participant for an allowance by way of credit under this Part. (2) The steps mentioned in subsection (1) are steps that may be taken— (a) under the law of any territory, or (b) under double taxation arrangements made in relation to any territory. (3) The steps mentioned in subsection (1) include— (a) claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances, and (b) making elections for tax purposes. (3A) Reference in subsection (1) to a step that is taken or not taken by a participant includes one that was taken or not taken by a participant before the scheme or arrangement was made. (3B) The reason for taking or not taking a step does not matter so long as it has the effect mentioned in subsection (1). (4) In subsection (1) “participant” means a person who is party to, or concerned in, the scheme or arrangement.

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87 Section 83(2) and (4): schemes that would reduce a person's tax liability

(1) This section applies to a scheme or arrangement if, under the scheme or arrangement, the condition in subsection (2) is met in relation to a person (“P”) who for a chargeable period has claimed, or is in a position to claim, any credit that under the arrangements is to be allowed for foreign tax. (2) The condition is that amount A is less than amount B. (3) Amount A is the total amount of UK tax payable by P and such persons (if any) as are connected with P in respect of income and chargeable gains arising in the chargeable period. (4) Amount B is the total amount of UK tax that would be payable by P and such persons (if any) as are connected with P in respect of income and chargeable gains arising in the chargeable period if, in determining that amount, the transactions forming part of the scheme or arrangement were disregarded. (5) In this section “UK tax” means income tax, corporation tax and capital gains tax. (6) In this section so far as it relates to capital gains tax “chargeable period” means tax year (see section 288(1ZA) of TCGA 1992). (7) For the purposes of this section, whether a person is connected with P is determined in accordance with section 1122 of CTA 2010.

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88 Section 83(2) and (4): schemes involving tax-deductible payments

(1) This section applies to a scheme or arrangement if the scheme or arrangement includes— (a) the making by a person (“P”) of a relevant payment or payments, and (b) the giving, in respect of the payment or payments, of qualifying consideration. (2) For the purposes of subsection (1), a payment is a “relevant payment” if all or part of it may be brought into account— (a) in calculating P's income for the purposes of income tax or corporation tax, or (b) in calculating P's chargeable gains for the purposes of capital gains tax. (3) For the purposes of subsection (1), consideration is “qualifying consideration” if— (a) all or part of it consists of a payment made to P or a person connected with P, and (b) tax is chargeable in respect of the payment under the law of a territory outside the United Kingdom. (4) In this section “payment” includes a transfer of money's worth. (5) For the purposes of this section, whether a person is connected with another is determined in accordance with section 1122 of CTA 2010.

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89 Contents of counteraction notice

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90 Consequences of counteraction notices

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91 Counteraction notices given before tax return made

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92 Counteraction notices given after tax return made

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93 Amendment, closure notices and discovery assessments in section 92 cases

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94 Information made available for the purposes of section 92(4)

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95 Interpretation of sections 89 to 94

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96 Companies with overseas branches: restriction of credit

(1) Subsection (4) applies if credit for foreign tax— (a) which is payable in respect of insurance business carried on by a company through a permanent establishment in the non-UK territory, and (b) which is calculated otherwise than wholly by reference to profits arising in the non-UK territory, is to be allowed (in accordance with this Part) against corporation tax charged under section 35 of CTA 2009 ... in respect of the profits ... of non-BLAGAB long-term business carried on by the company in an accounting period (in this section called “the relevant UK-taxable profits”). (2) For the purposes of subsection (1)(b), the cases in which foreign tax is “calculated otherwise than wholly by reference to profits arising in the non-UK territory” are those cases in which the charge to tax in the non-UK territory is within subsection (3). (3) A charge to tax is within this subsection if it is such a charge made otherwise than by reference to profits as (by disallowing their deduction in calculating the amount chargeable) to require sums payable and other liabilities arising under policies to be treated as sums or liabilities falling to be met out of amounts subject to tax in the hands of the company. (4) If this subsection applies, the amount of the credit is not to exceed the greater of— (a) any such part of the foreign tax as is charged by reference to profits arising in the non-UK territory, and (b) the shareholders' share of the foreign tax. (5) For the purposes of subsection (4), the shareholders' share of the foreign tax is so much of that tax as is represented by the fraction— A B where— A is an amount equal to the amount of the relevant UK-taxable profits before making any deduction authorised by subsection (7), and B is an amount equal to the excess of— the amount taken into account as receipts of the company in calculating those profits, apart from premiums and sums received by virtue of a claim under a reinsurance contract, over the amount taken into account as expenses in calculating those profits. (6) If there is no such excess, or if the profits are greater than any excess, the whole of the foreign tax is the shareholders' share; and, subject to that, if there are no profits, none of the foreign tax is the shareholders' share. (7) If, by virtue of this section, the credit for any foreign tax is less than it otherwise would be, section 31(2)(a) does not prevent a deduction being made for the difference in calculating the relevant UK-taxable profits.

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97 Companies with more than one category of business: restriction of credit

(1) This section applies if— (a) an insurance company carries on more than one category of long-term business in an accounting period, and (b) there arises to the company in that period any income or gain (“the relevant income”) in respect of which credit for foreign tax is to be allowed under the arrangements. (2) The amount of the credit for foreign tax which, under the arrangements, is allowable against corporation tax in respect of so much of the relevant income as is referable, in accordance with Part 2 of FA 2012, to a particular category of business must not exceed the fraction of the foreign tax which, in accordance with subsection (3), is attributable to that category of business. (3) The fraction of the foreign tax that is attributable to the category of business in question is the fraction given by— RPRI TRI where— RPRI is the amount of the relevant income referable to the category of business in question in accordance with section 97A, and TRI is the total amount of the relevant income.

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97A Commercial allocation of relevant income to different categories of long-term business

(1) The amount of the relevant income that, for the purposes of section 97, is to be regarded as referable to a category of business is to be determined in accordance with an acceptable commercial method adopted by the company for the period of account in which the relevant income arises. (2) A method is an “acceptable commercial method” if, in all the circumstances, it can reasonably be regarded as providing a fair method for the purposes of section 97 for determining for a period of account the amount of any income or gain arising in the period that is referable to a particular category of long-term business carried on by the company. (3) The Treasury may make regulations for the purposes of this section— (a) prescribing cases in which a method is, or is not, to be regarded as an acceptable commercial method, and (b) prescribing cases in which the only acceptable commercial method is to be a method prescribed, or of a description prescribed, in the regulations. (4) Subject to any provision made by regulations under subsection (3), the method adopted for the purposes of this section for a period of account must be consistent with the method adopted for the purposes of section 98 or 115 of FA 2012 for that period.

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98 Attribution for section 97 purposes if category is gross roll-up business

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99 Allocation of expenses etc in calculations under section 35 of CTA 2009

(1) Subsection (2) has effect if— (a) an insurance company carries on any category of insurance business in a period of account, (b) a calculation in accordance with the provisions applicable for the purposes of section 35 of CTA 2009 (charge on trade profits) falls to be made in relation to that category of business for that period, and (c) there arises to the company in that period any income or gain in respect of which credit for foreign tax is to be allowed under the arrangements. (2) The amount of the credit for foreign tax which, under the arrangements, is to be allowed against corporation tax in respect of so much of that income or gain as is referable to the category of business concerned (“the relevant income”) is to be limited by treating the amount of the relevant income as reduced in accordance with sections 100 and 101. (3) In determining the amount of credit for foreign tax which is to be allowed as mentioned in subsection (2), the relevant income is not to be reduced except in accordance with that subsection. (4) If a 75% subsidiary of an insurance company is acting in accordance with a scheme or arrangement and— (a) the purpose, or one of the main purposes, of the scheme or arrangement is to prevent or restrict the application of subsection (2) to the insurance company, and (b) the subsidiary does not carry on insurance business of any description, the amount of corporation tax attributable (apart from this subsection) to any item of income or gain arising to the subsidiary is to be found by setting off against that item the amount of expenses that would be attributable to it under section 100(1) if that item had arisen directly to the insurance company. (5) If the credit allowed for any foreign tax is, by virtue of subsection (2), less than it would be if the relevant income were not treated as reduced in accordance with that subsection, section 31(2)(a) does not prevent a deduction being made for the difference in calculating the profits of the category of business concerned. (6) If, by virtue of subsection (4), the credit allowed for any foreign tax is less than it would be apart from that subsection, section 31(2)(a) does not prevent a deduction being made for the difference in calculating the income of the 75% subsidiary. (7) For the purposes of the operation of this section in relation to any income or gain in respect of which credit is to be allowed under the arrangements, the amount of the income or gain that is referable to a category of insurance business is the same fraction of the income or gain as the fraction of the foreign tax that is attributable to that category of business in accordance with sections 97 and 97A.

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100 First limitation for purposes of section 99(2)

(1) The first limitation for the purposes of section 99(2) is to treat the amount of the relevant income as reduced (but not below nil) for the purposes of this Chapter by the amount of expenses (if any) attributable to the relevant income. (2) For the purposes of subsection (1), the amount of expenses attributable to the relevant income is the appropriate fraction of the total relevant expenses of the category of business concerned for the period of account in question. (3) In subsection (2) “the appropriate fraction” means the fraction given by— R I T I where— RI is the amount of the relevant income before any reduction in accordance with section 99(2), and TI is the total income of the category of business concerned for the period of account in question, but if that would result in TI being nil, TI is instead the amount described in subsection (4). (4) That amount is so much in total of the income and gains— (a) which arise to the company in the period of account in question, and (b) in respect of which credit for foreign tax is to be allowed under any double taxation arrangements or under unilateral relief arrangements for any territory outside the United Kingdom, as are referable to the category of business concerned (before any reduction in accordance with section 99(2)). (5) Subsection (4) is to be read with section 104 (determining how much of any income or gain is referable to a category of business). (6) In this section “the relevant income” has the meaning given by section 99(2).

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101 Second limitation for purposes of section 99(2)

(1) If— (a) the amount of the relevant income after any reduction under section 100(1), exceeds— (b) the relevant fraction of the profits of the category of business concerned for the period of account in question which are chargeable to corporation tax, the second limitation is to treat the relevant income as further reduced (but not below nil) for the purposes of this Chapter to an amount equal to that fraction of those profits. (2) In subsection (1) “the relevant fraction” means the fraction given by— R I The referable share of total relievable income and gains where— “RI” is the amount of the relevant income before any reduction in accordance with section 99(2), and “the referable share of total relievable income and gains” is so much in total of the income and gains— which arise to the company in the period of account in question, and in respect of which credit for foreign tax is to be allowed under any double taxation arrangements or under unilateral relief arrangements for any territory outside the United Kingdom, as are referable to the category of business concerned (before any reduction in accordance with section 99(2)). (3) In subsection (1), any reference to the profits of a category of business is a reference to those profits after the set off of any losses of that category of business which have arisen in any previous accounting period. (4) Subsection (2) is to be read with section 104 (determining how much of any income or gain is referable to a category of business). (5) In this section “the relevant income” has the meaning given by section 99(2).

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102 Interpreting sections 99 to 101 for life assurance or gross roll-up business

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103 Interpreting sections 99 to 101 ...

(1) This section has effect for the interpretation of sections 99 to 101 ... (2) The “total income” of the category of business concerned for any period of account is the amount (if any) by which— (a) the sum of the amounts specified in subsection (3), exceeds— (b) the sum of the amounts specified in subsection (4). (3) The amounts mentioned in subsection (2)(a) are— (a) earned premiums, net of reinsurance, (b) investment income and gains, and (c) other technical income, net of reinsurance. (4) The amounts mentioned in subsection (2)(b) are— (a) acquisition costs, (b) the change in deferred acquisition costs, and (c) losses on investments. (5) The “total relevant expenses” of the category of business concerned for any period of account is the sum of— (a) the claims incurred, net of reinsurance, (b) the changes in other technical provisions, net of reinsurance, (c) the change in the equalisation provision, and (d) investment management expenses, unless that sum is a negative amount, in which case the total relevant expenses is to be taken to be nil. (6) The amounts to be taken into account for the purposes of the paragraphs of subsections (3) to (5) are the amounts taken into account for the purposes of corporation tax. (7) Expressions used— (a) in the paragraphs of subsections (3) to (5), and (b) in the provisions of section B of Part 1 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (S.I. 2008/410) which relate to the profit and loss account format (within the meaning of paragraph 1(1) and (2) of that Schedule), have the same meaning in those paragraphs as they have in those provisions.

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104 Interpreting sections 100 and 101: amounts referable to category of business

(1) This section applies for the purposes of the operation of sections 100 and 101 in relation to any income or gain in respect of which credit is to be allowed under any double taxation arrangements or under unilateral relief arrangements for a territory outside the United Kingdom. (2) The amount of the income or gain that is referable to a category of insurance business is the same fraction of the income or gain as the fraction found under subsection (3). (3) Apply sections 97 and 97A in relation to— (a) that category of business, (b) the income or gain, and (c) the double taxation arrangements, or unilateral relief arrangements, mentioned in subsection (1), in order to find the fraction of the foreign tax that is attributable to that category of business.

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105 Meaning of “chargeable gain”

In this Part so far as it relates to capital gains tax “chargeable gain” has the same meaning as in TCGA 1992 (see, in particular, section 15(2) of that Act).

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106 Chapters 1 and 2 apply to capital gains tax separately from other taxes

(1) Subsection (2) applies if foreign gains tax may be brought into account under Chapters 1 and 2 so far as they apply for capital gains tax purposes. (2) The foreign gains tax is not to be taken into account under those Chapters so far as they apply otherwise than for capital gains tax purposes. (3) Subsection (2) applies whether or not relief in respect of the foreign gains tax is given under those Chapters so far as they apply for capital gains tax purposes. (4) Foreign non-gains tax is not be taken into account under those Chapters so far as they apply for capital gains tax purposes. (5) In this section— “foreign gains tax” means any tax which— is imposed by the law of a territory outside the United Kingdom, and is of a similar character to capital gains tax, and “foreign non-gains tax” means tax which— is imposed by the law of a territory outside the United Kingdom, and is not foreign gains tax.

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107 Disregard of foreign tax referable to derivative contract

(1) In applying this Part for corporation tax purposes in relation to a company, disregard tax within subsection (2). (2) Tax is within this subsection in relation to a company so far as the tax— (a) is tax under the law of a territory outside the United Kingdom, and (b) is attributable, on a just and reasonable apportionment, to so much of a notional interest payment as, on such an apportionment, is attributable to a time when the company is not a party to the derivative contract concerned. (3) For the purposes of this section, a payment is a “notional interest payment” if— (a) a derivative contract specifies— (i) a notional principal amount, (ii) a period, and (iii) a rate of interest, (b) the amount of the payment is determined (wholly or mainly) by applying a rate to the specified notional principal amount for the specified period, and (c) the value of the rate is the same at all times as that of the specified rate of interest.

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108 Disregard of foreign tax attributable to interest under a loan relationship

(1) In applying this Part for corporation tax purposes in relation to a company, disregard tax within subsection (2). (2) Tax is within this subsection in relation to a company so far as the tax— (a) is tax under the law of a territory outside the United Kingdom, and (b) is attributable, on a just and reasonable apportionment, to interest accruing under a loan relationship at a time when the company is not a party to the relationship. (3) Tax within subsection (2) is not to be disregarded under subsection (1) if the tax is also within section 109 or 110.

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109 Repo cases in which no disregard under section 108

(1) Tax attributable to interest accruing to a company under a loan relationship is within this section if— (a) at the time when the interest accrues, the company has ceased to be a party to the relationship by reason of having made the initial sale under or in accordance with any debtor repo relating to the relationship, and (b) that time is in the period for which the repo has effect. (2) In this section— “debtor repo” has the meaning given by the repo-definition section, “the initial sale”, in relation to a debtor repo, means the sale mentioned in condition C in the repo-definition section, and “the repo-definition section” means section 548 of CTA 2009. (3) In this section, a reference to the period for which a debtor repo has effect is to the period from the making of the initial sale until the earlier of— (a) the time when the subsequent purchase mentioned in condition D in the repo-definition section takes place, and (b) the time when it becomes apparent that that subsequent purchase will not take place.

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110 Stock-lending cases in which no disregard under section 108

(1) Tax attributable to interest accruing to a company under a loan relationship is within this section if— (a) at the time when the interest accrues, the company has ceased to be a party to the relationship by reason of having made the initial transfer under or in accordance with any stock lending arrangement relating to that relationship, and (b) that time is in the period for which the arrangement has effect. (2) In this section— “the initial transfer”, in relation to a stock lending arrangement, means the transfer mentioned in section 263B(1)(a) of TCGA 1992, and “stock lending arrangement” has the meaning given by section 263B of TCGA 1992. (3) In this section, a reference to the period for which a stock lending arrangement has effect is to the period from the making of the initial transfer until the earlier of— (a) the time when the transfer mentioned in section 263B(1)(b) of TCGA 1992 takes place, and (b) the time when it becomes apparent that that transfer will not take place.

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111 When payment to beneficiary treated as arising from foreign source

(1) Subsection (6) applies if each of conditions A to D is met. (2) Condition A is that a payment is made by trustees of a settlement. (3) Condition B is that income tax is treated under section 494 of ITA 2007 (treatment of discretionary payments by trustees) as having been paid in relation to the payment. (4) Condition C is that the income arising under the settlement includes taxed overseas income. (5) Condition D is that the trustees certify— (a) that the payment is one made out of income consisting of, or including, taxed overseas income of an amount, and from a source, stated in the certificate, and (b) that that amount of taxed overseas income arose to the trustees not earlier than 6 years before the end of the tax year in which the payment is made. (6) The person to whom the payment is made may claim that the payment, up to the certified amount, is to be treated for the purposes of this Part as income received by the person— (a) from the certified source, and (b) in the tax year in which the payment is made. (7) In this section “taxed overseas income”, in relation to a settlement, means income in respect of which the trustees are entitled to credit under this Part for tax under the law of a territory outside the United Kingdom.

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112 Deduction from income for foreign tax (instead of credit against UK tax)

(1) The amount of any income arising in any place outside the United Kingdom is reduced for the purposes of the Tax Acts— (a) by any amount which has been paid in respect of non-UK tax on that income in the place where the income arose, or (b) if subsection (2) applies, by the lesser amount mentioned in that subsection. (2) This subsection applies if credit would, were it allowable in respect of the income, be reduced under section 39 (reduction by reference to accrued income losses) to the lesser amount given by section 39(5). (2A) But if X is less than Y, an amount equal to the difference between X and Y must be subtracted from the amount by which any income of a person (“the relevant income”) is reduced under subsection (1)(a). (2B) In subsection (2A)— X is the amount of the relevant income that the person would (disregarding this section) be required to bring into account for income tax or corporation tax purposes, less any deduction that the person would be allowed to make for the amount paid in respect of non-UK tax, and Y is the amount of the relevant income (that is to say, the amount on which the amount in respect of non-UK tax is paid). (3) If— (a) income of any person (“P”) is reduced under subsection (1) by an amount paid in respect of tax on that income in the place where the income arose, and (b) a tax authority makes a payment by reference to that tax, and that payment— (i) is made to P or a person connected with P, or (ii) is made to some other person directly or indirectly in consequence of a scheme that has been entered into, the amount of P's income is increased by the amount of the payment. (3A) Subsection (3B) applies if— (a) the requirements of section 49A(1)(a) to (c) are met, (b) amounts have been paid in respect of non-UK tax on loan relationship credits falling within section 49A(1)(c) which arise in an accounting period of the relevant UK company, and (c) apart from subsection (3B), Z would exceed R × S where— Z is— the total amount of any reductions under subsection (1) for amounts paid in respect of that non-UK tax, less the total amount of any increases under subsection (3) for payments made by reference to that non-UK tax, and R and S have the same meaning as in section 49A(2). R and S have the same meaning as in section 49A(2). (3B) The total amount of the reductions under subsection (1) is to be reduced so that Z equals R × S (4) Subsection (1)— (a) has effect subject to section 31(2)(a) (no deduction for foreign tax if credit allowed and UK tax calculated otherwise than by reference to the amount received in the United Kingdom), (aa) has effect subject to section 71B(2) (reduction of foreign tax paid on profits of overseas permanent establishment), (b) has effect subject to section 143(5) and (6) (no deduction for special withholding tax if UK tax calculated otherwise than by reference to the amount received in the United Kingdom), (c) does not apply to income the tax on which is to be calculated by reference to the amount of income received in the United Kingdom, and (d) does not require any income to be reduced by an amount of underlying tax which, under section 60(3), is to be left out of account for the purposes of section 57. (5) Subsection (1) has effect for corporation tax purposes despite— (a) section 464(1) of CTA 2009 (matters to be brought into account in the case of loan relationships only under Part 5 of that Act), and (b) section 906(1) of that Act (matters to be brought into account in respect of intangible fixed assets only under Part 8 of that Act). (6) In this section “non-UK tax” means tax under the law of a territory outside the United Kingdom. (7) For the purposes of subsection (3), whether a person is connected with P is determined in accordance with section 1122 of CTA 2010. (8) In subsection (3)(b)(ii) “scheme” includes any scheme, arrangement or understanding of any kind, whether or not legally enforceable, involving a single transaction or two or more transactions.

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113 Deduction from capital gain for foreign tax (instead of credit against UK tax)

(1) Subsection (2) applies to tax if it is— (a) chargeable under the law of any territory outside the United Kingdom on the disposal of an asset, and (b) borne by the person making the disposal. (2) The tax is allowable as a deduction in the calculation of the gain. (3) Subsection (2) is subject to— (a) Chapters 1 and 2 so far as they apply for corporation tax purposes (see, in particular, section 31), (b) Chapters 1 and 2 so far as they apply for capital gains tax purposes (see, in particular, section 31), and (c) section 143 (which includes provision about taking account of special withholding tax when calculating a gain for capital gains tax purposes). (4) In subsection (1) “asset” and “disposal” have the same meaning as in TCGA 1992 (see, in particular, section 21 and the following provisions of TCGA 1992).

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114 Time limits for action if tax adjustment makes reduction too large or too small

(1) Subsection (2) applies to a claim or assessment if— (a) the amount of any reduction under section 112(1) or 113(2) becomes excessive or insufficient by reason of any adjustment of the amount of any tax payable either in the United Kingdom or under the law of any territory outside the United Kingdom, or a person's income is increased under section 112(3), (b) the adjustment or increase gives rise to the claim or assessment, and (c) the claim or assessment is made not later than 6 years from the time when all material determinations have been made, whether in the United Kingdom or elsewhere. (2) No time-limit rule applies to the assessment or claim. (3) In subsection (1)(c) “material determination” means (as the case may be)— (a) an assessment, adjustment, increase or other determination that is material in determining whether any, and (if so) what, reduction is to be made under section 112(1) or increase is to be made under section 112(3), or (b) an assessment, adjustment or other determination that is material in determining whether any, and (if so) what, reduction is to be made under section 113(2). (4) In subsection (2) “time-limit rule” means anything— (a) in TMA 1970, (b) in ICTA, (c) in TCGA 1992, or (d) in any other provision of the Tax Acts, limiting the time for the making of assessments or limiting the time for the making of claims for relief.

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115 Duty to give notice that adjustment has rendered reduction too large

(1) This section applies if— (a) the amount of any of a person's income is reduced under section 112(1), (b) that reduction (“the original reduction”) later becomes excessive as a result of an adjustment of the amount of any tax payable under the law of a territory outside the United Kingdom or an increase under section 112(3), and (c) the adjustment or increase is not a Lloyd's adjustment. (2) This section also applies if— (a) a deduction is allowed under section 113(2) in the case of a person making a disposal, and (b) that deduction (“the original reduction”) later becomes excessive as a result of an adjustment of the amount of any tax payable under the law of a territory outside the United Kingdom. (3) The person must give notice that the original reduction has become excessive as a result of the making of an adjustment or increase. (4) Notice under subsection (3) is to be given— (a) to an officer of Revenue and Customs, and (b) within one year from when the adjustment or increase was made. (5) If the person fails to comply with the requirements imposed by subsections (3) and (4), the person is liable to a penalty not greater than the amount given by— A — B where— A is the amount of tax payable by the person for the reduction period after giving effect to the reduction that ought to be made under section 112(1) or (as the case may be) under section 113(2), and B is the amount that would have been the tax payable by the person for that period after giving effect instead to the original reduction. (6) In subsection (5) “the reduction period” means the tax year, or accounting period of a company for corporation tax purposes, for which the original reduction was made. (7) For the purposes of subsection (1)(c), the adjustment or increase is a “Lloyd's adjustment” if the consequences of the adjustment or increase in relation to the reduction are to be given effect in accordance with regulations under— (a) section 182(1) of FA 1993 (regulations about individual members of Lloyd's), or (b) section 229 of FA 1994 (regulations relating to corporate members of Lloyd's). (8) In subsection (2) “disposal” has the same meaning as in TCGA 1992 (see, in particular, section 21(2) and the following provisions of TCGA 1992). (9) In this section so far as it relates to capital gains tax “notice” means notice in writing.

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