Part 2: Double taxation relief
Chapter 1: Double taxation arrangements and unilateral relief arrangements
Section 2: Giving effect to arrangements made in relation to other territories
Section 3: Arrangements may include retrospective or supplementary provision
Section 6: The effect given by section 2 to double taxation arrangements
Section 8: Interpretation: “unilateral relief arrangements” means rules 1 to 9, etc
Section 9: Rule 1: the unilateral entitlement to credit for non-UK tax
Section 11: Rule 3: interaction between double taxation arrangements and rules 1 and 2
Section 12: Rule 4: cases in which, and calculation of, credit allowed for tax on dividends
Section 13: Rule 5: credit for tax charged directly on dividend
Section 14: Rule 6: credit for underlying tax on dividend paid to 10% associate of payer
Section 15: Rule 7: credit for underlying tax on dividend paid to sub-10% associate
Section 16: Rule 8: credit for underlying tax on dividend paid by exchanged associate
Section 17: Rule 9: credit in relation to dividends for spared tax
Chapter 2: Double taxation relief by way of credit
Section 18: Entitlement to credit for foreign tax reduces UK tax by amount of the credit
Section 19: Time limits for claims for relief under section 18(2)
Section 20: Foreign tax includes tax spared because of international development relief
Section 21: Meaning of “the arrangements”, “the non-UK territory”, “foreign tax” etc
Section 22: Credit for foreign tax on overlap profit if credit for that tax already allowed
Section 23: Time limits for claims for relief under section 22(2)
Section 25: Credit not allowed if relief allowed against overseas tax
Section 26: Credit not allowed under arrangements unless taxpayer is UK resident
Section 27: Credit not allowed if person elects against credit
Section 28: Unilateral relief for Isle of Man or Channel Islands tax
Section 29: Unilateral relief for tax on income from employment or office
Section 30: Unilateral relief for non-UK tax on non-resident’s UK branch or agency etc
Section 31: Calculation of income or gain where remittance basis does not apply
Section 32: Calculation of amount received where UK tax charged on remittance basis
Section 33: Limit on credit: minimisation of the foreign tax
Section 34: Reduction in credit: payment by reference to foreign tax
Section 37: Credit against tax on trade income: further rules
Section 39: Credit reduced by reference to accrued income losses
Section 43: Profits attributable to permanent establishment for purposes of section 42(2)
Section 45: Credit against tax on trade income: anti-avoidance rules
Section 46: Applying section 44(2): asset in hedging relationship with derivative contract
Section 48: Applying section 44(2): “portfolio” of transactions, arrangements or assets
Section 49: Restricting section 44(3) if company is a bank or connected with a bank
Section 53: Earlier years’ non-trading deficits on loan relationships
Section 54: Non-trading debits on loan relationships
Section 55: Current year’s non-trading deficits on loan relationships
Section 57: Credit in respect of dividend: taking account of underlying tax
Section 58: Calculation if dividend paid by non-resident company to resident company
Section 60: Underlying tax to be left out of account on claim to that effect
Section 63: Non-UK company dividend paid to 10% investor: relief for UK and other tax
Section 65: Relief for underlying tax paid by company lower in dividend-paying chain
Section 67: Restriction of relief if underlying tax at rate higher than rate of corporation tax
Section 73: Carry-forward and carry-back of unrelieved foreign tax
Section 75: Two or more establishments treated as a single establishment
Section 76: Former and subsequent establishments regarded as distinct establishments
Section 79: Time limits for action if tax adjustment makes credit excessive or insufficient
Section 80: Duty to give notice that adjustment has rendered credit excessive
Section 83: Schemes and arrangements referred to in section 82(4)
Section 84: Section 83(2) and (4): schemes enabling attribution of foreign tax
Section 85: Section 83(2) and (4): schemes about effect of paying foreign tax
Section 86: Section 83(2) and (4): schemes about claims or elections etc
Section 87: Section 83(2) and (4): schemes that would reduce a person’s tax liability
Section 88: Section 83(2) and (4): schemes involving tax-deductible payments
Section 91: Counteraction notices given before tax return made
Section 92: Counteraction notices given after tax return made
Section 93: Amendment, closure notices and discovery assessments in section 92 cases
Section 94: Information made available for the purposes of section 92(4)
Section 96: Companies with overseas branches: restriction of credit
Section 97: Companies with more than one category of business: restriction of credit
Section 98: Attribution for section 97 purposes if category is gross roll-up business
Section 99: Allocation of expenses etc in calculations under section 35 of CTA 2009
Section 101: Second limitation for purposes of section 99(2)
Section 102: Interpreting sections 99 to 101 for life assurance or gross roll-up business
Section 103: Interpreting sections 99 to 101 for other insurance business
Section 104: Interpreting sections 100 and 101: amounts referable to category of business
Chapter 3: Miscellaneous provisions
Section 106: Chapters 1 and 2 apply to capital gains tax separately from other taxes
Section 107: Disregard of foreign tax referable to derivative contract
Section 108: Disregard of foreign tax attributable to interest under a loan relationship
Section 109: Repo cases in which no disregard under section 108
Section 110: Stock-lending cases in which no disregard under section 108
Section 111: When payment to beneficiary treated as arising from foreign source
Section 112: Deduction from income for foreign tax (instead of credit against UK tax)
Section 113: Deduction from capital gain for foreign tax (instead of credit against UK tax)
Section 114: Time limits for action if tax adjustment makes reduction too large or too small
Section 115: Duty to give notice that adjustment has rendered reduction too large
Section 121: Tax treated as chargeable in respect of relevant transactions
Section 122: Tax treated as chargeable in respect of gains on transfer of non-UK business
Section 124: Giving effect to solutions to cases and mutual agreements resolving cases
Section 127: Giving effect to agreements, decisions and opinions under the Convention
Section 129: Disclosure where relief given overseas for tax paid in the United Kingdom
Section 130: Interpreting provision about UK taxation of profits of foreign enterprises
Section 131: Interpreting provision about interest influenced by special relationship
Section 132: Interpreting provision about royalties influenced by special relationship
Section 133: Special relationship rule for royalties: matters to be shown by taxpayer
Section 134: Correcting assessments where relief is available
Part 3: Double taxation relief for special withholding tax
Section 137: Income tax credit etc for special withholding tax
Section 138: Amount and application of the deemed tax under section 137
Section 139: Capital gains tax credit etc for special withholding tax
Section 140: Provisions about the deemed tax under section 139
Section 141: Credit under Chapter 2 of Part 2 to be allowed first
Section 143: Taking account of special withholding tax in calculating income or gains
Section 145: Refusal to issue certificate and appeal against refusal
Chapter 2: Key interpretative provisions
Section 152: Arm’s length provision where actual provision relates to securities
Section 153: Arm’s length provision where security issued and guarantee given
Section 155: “Potential advantage” in relation to United Kingdom taxation
Section 158: Indirect participation: defined by sections 159 to 162
Section 159: Indirect participation: potential direct participant
Section 160: Indirect participation: one of several major participants
Section 161: Indirect participation: sections 148 and 175: financing cases
Section 162: Indirect participation: sections 148 and 175: further financing cases
Section 164: Part to be interpreted in accordance with OECD principles
Chapter 3: Exemptions from basic rule
Section 166: Exemption for small and medium-sized enterprises
Section 167: Small and medium-sized enterprises: exceptions from exemption
Section 168: Medium-sized enterprises: exception from exemption: transfer pricing notice
Section 171: Tax returns where transfer pricing notice given
Section 172: Meaning of “small enterprise” and “medium-sized enterprise”
Section 173: Meaning of “qualifying territory” and “non-qualifying territory”
Chapter 4: Position, if only one affected person potentially advantaged, of other affected person
Section 174: Claim by the affected person who is not potentially advantaged
Section 175: Claims under section 174 where actual provision relates to a security
Section 176: Claims under section 174: advantaged person must have made return
Section 177: Time for making, or amending, claim under section 174
Section 179: Compensating payment if advantaged person is controlled foreign company
Section 180: Application of section 174(2)(a) in relation to transfers of trading stock etc
Section 181: Section 182 applies to claims where actual provision relates to a security
Section 184: Amending a section 182 claim if it is followed by relevant notice
Section 186: Extending claim period if notice under section 185 not given or given late
Section 187: Tax treatment if actual interest exceeds arm’s length interest
Section 188: Double taxation relief by way of credit for foreign tax
Section 189: Double taxation relief by way of deduction for foreign tax
Section 195: Qualifying conditions for purposes of section 196
Section 196: Balancing payments between affected persons: no charge to, or relief from, tax
Section 197: Qualifying conditions for purposes of section 198
Section 198: Balancing payments by guarantor to issuer: no charge to, or relief from, tax
Section 199: Pre-conditions for making election under section 200
Section 200: Election to pay tax rather than make balancing payments
Section 201: Pre-conditions for making election under section 202
Section 202: Election, in guarantee case, to pay tax rather than make balancing payments
Section 204: Meaning of “capital market condition” in sections 199 and 201
Chapter 8: Supplementary provisions and interpretation of Part
Section 208: The determinations which require the Commissioners’ sanction
Section 209: Determinations exempt from requirement for Commissioners’ sanction
Section 210: The requirement for the Commissioners’ sanction
Section 211: Restriction of right to appeal against Commissioners’ approval
Section 215: Manner of making adjustments to give effect to Part
Part 5: Advance pricing agreements
Section 221: Effect of revocation of agreement or breach of its conditions
Section 224: Provision in agreement about years ended or begun before agreement made
Section 227: Penalty for misrepresentation in connection with agreement
Section 228: Party to agreement: duty to provide information
Section 229: Modifications of agreement for double taxation purposes
Section 230: Interpretation of Part: meaning of “Commissioners” and “officer”
Section 234: Schemes achieving UK tax advantage for a company
Section 241: Scheme including issue of shares not conferring qualifying beneficial entitlement
Section 242: Scheme including transfer of rights under a security
Section 245: Application of the rule against deduction for untaxable payments
Section 246: Cases where payee’s non-liability treated as not a result of scheme
Section 247: Cases where payee treated as having reduced liability as a result of scheme
Section 248: The rule against deduction for untaxable payments
Section 254: Rule for calculation or recalculation of income etc following receipt notice
Section 257: Amendments, closure notices and discovery assessments where section 256 applies
Part 7: Tax treatment of financing costs and income
Chapter 2: Application of Part
Section 262: UK net debt of worldwide group for period of account of worldwide group
Section 264: Worldwide gross debt of worldwide group for period of account of the group
Section 265: References to amounts disclosed in balance sheet of relevant group company
Section 268: Lending activities and activities ancillary to lending activities
Section 269: Insurance activities and insurance-related activities
Section 272: Worldwide trading income of the worldwide group
Chapter 3: Disallowance of deductions
Section 274: Application of Chapter and meaning of “total disallowed amount”
Section 275: Meaning of “company to which this Chapter applies”
Section 276: Appointment of authorised company for relevant period of account
Section 278: Statement of allocated disallowances: submission
Section 279: Statement of allocated disallowances: submission of revised statement
Section 280: Statement of allocated disallowances: requirements
Section 283: Power to make regulations about statement of allocated disallowances
Section 284: Failure of reporting body to submit statement of allocated disallowances
Section 285: Powers to make regulations in relation to reductions under section 284
Chapter 4: Exemption of financing income
Section 286: Application of Chapter and meaning of “total disallowed amount”
Section 287: Meaning of “company to which this Chapter applies”
Section 288: Appointment of authorised company for relevant period of account
Section 291: Statement of allocated exemptions: submission of revised statement
Section 292: Statement of allocated exemptions: requirements
Section 295: Power to make regulations about statement of allocated exemptions
Section 296: Failure of reporting body to submit statement of allocated exemptions
Section 297: Power to make regulations in relation to reductions under section 296
Section 298: Balancing payments between group companies: no tax charge or relief
Chapter 5: Intra-group financing income where payer denied deduction
Chapter 7: “Financing expense amount” and “financing income amount”
Section 319: Intra-group short-term finance: financing expense
Section 320: Intra-group short-term finance: financing income
Section 322: Stranded deficits in non-trading loan relationships: financing expense
Section 323: Stranded deficits in non-trading loan relationships: financing income
Section 324: Stranded management expenses in non-trading loan relationships: financing expense
Section 325: Stranded management expenses in non-trading loan relationships: financing income
Chapter 8: “Tested expense amount” and “tested income amount”
Chapter 10: Other interpretative provisions
Section 342: Treatment of entities stapled to corporate, or relevant non-corporate, entities
Section 345: Meaning of “UK group company” and “relevant group company”
Section 347: Non-compliant financial statements of the worldwide group
Section 348: Non-existent financial statements of the worldwide group
Section 349: References to amounts disclosed in financial statements
Section 350: Translation of amounts disclosed in financial statements
Section 351: Expressions taking their meaning from international accounting standards
Section 354: Power to make regulations about tax treatment of participants
Section 359: Power to make regulations about exceptions to definition of “mutual fund”
Section 361: Treatment of arrangements comprising more than one class of interest
Section 363: Meaning of “umbrella arrangements” and “part of umbrella arrangements”
Part 9: Amendments to relocate provisions of tax legislation
Schedule 1: Oil activities: new Chapter 16A of Part 2 of ITTOIA 2005
Section 225F: Valuation where market value taken into account under section 2 of OTA 1975
Section 225I: Valuation where relevant appropriation but no disposal
Section 225K: Reduction of expenditure by reference to regional development grant
Section 225L: Adjustment as a result of regional development grant
Section 225N: Expenditure on and under abandonment guarantees
Section 225O: Relief for reimbursement expenditure under abandonment guarantees
Section 225P: Payment under abandonment guarantee not immediately applied
Section 225T: Reimbursement by defaulter in respect of certain abandonment expenditure
Schedule 2: Alternative finance arrangements
Part 1: New Part 10A of ITA 2007
Section 564H: Provision not at arm’s length: exclusion of arrangements from sections 564C to 564G
Section 564J: Purchase and resale arrangements where return in foreign currency
Section 564M: Treatment of alternative finance return as interest for ITTOIA 2005
Section 564N: Alternative finance return under arrangements for trade or property business purposes
Section 564O: Relief for some alternative finance return under Chapter 1 of Part 8 etc
Section 564Q: Deduction of income tax at source under Part 15
Section 564U: Arrangements not unit trust scheme or offshore fund
Section 564V: Exclusion of alternative finance return from consideration for sale of assets
Section 564W: Diminishing shared ownership arrangements not partnerships
Section 564X: Treatment of principal under profit share agency arrangements
Section 564Y: Provision not at arm’s length: relevant return
Schedule 3: Leasing arrangements: finance leases and loans
Part 1: New Part 11A of ITA 2007
Chapter 2: Finance leases with return in capital form
Section 614BC: The conditions referred to in section 614BB(1)
Section 614BE: The arrangements and circumstances referred to in section 614BC(8)
Section 614BF: Current lessor taxed by reference to accountancy rental earnings
Sections 614BG to 614BK: Reduction of taxable rent by cumulative rental excesses
Section 614BG: Reduction of taxable rent by cumulative rental excesses: introduction
Section 614BH: Meaning of “accountancy rental excess” and “cumulative accountancy rental excess”
Section 614BI: Reduction of taxable rent by the cumulative accountancy rental excess
Section 614BJ: Meaning of “normal rental excess” and “cumulative normal rental excess”
Section 614BK: Reduction of taxable rent by the cumulative normal rental excess
Sections 614BL to 614BO: Relief for bad debts by reduction of cumulative rental excesses
Section 614BL: Relief for bad debts: reduction of cumulative accountancy rental excess
Section 614BM: Recovery of bad debts following reduction under section 614BL
Section 614BN: Relief for bad debts: reduction of cumulative normal rental excess
Section 614BO: Recovery of bad debts following reduction under section 614BN
Section 614BQ: Assignments on which neither a gain nor a loss accrues
Sections 614BR to 614BW: Capital allowances: claw-back of major lump sum
Section 614BS: Cases where expenditure taken into account under Part 2, 5 or 8 of CAA 2001
Section 614BT: Cases where expenditure taken into account under other provisions of CAA 2001
Section 614BU: Capital allowances deductions: waste disposal and cemeteries
Section 614BV: Capital allowances deductions: films and sound recordings
Section 614BX: Pre-26 November 1996 schemes where this Chapter does not at first apply
Section 614BY: Post-25 November 1996 schemes to which Chapter 3 applied first
Schedule 4: Sale and lease‑back etc: new Part 12A of ITA 2007
Chapter 1: Payments connected with transferred land
Section 681AA: Transferor or associate becomes liable for payment of rent
Section 681AB: Transferor or associate becomes liable for payment other than rent
Section 681AC: Relevant income tax relief and relevant deduction from earnings
Section 681AD: Relevant income tax relief: deduction not to exceed commercial rent
Section 681AE: Deduction from earnings not to exceed commercial rent
Section 681AJ: Commercial rent: comparison with rent under a lease
Section 681AK: Commercial rent: comparison with payments other than rent
Schedule 5: Factoring of income etc: new Chapters 5B and 5C of Part 13 of ITA 2007
Schedule 6: UK representatives of non‑UK residents
Part 1: New Chapters 2B and 2C of Part 14 of ITA 2007
Chapter 2C: Income tax obligations and liabilities imposed on UK representatives
Part 2: New Part 7A of TCGA 1992
Part 7A: UK representatives of non‑UK residents
Chapter 1: Treatment of branch or agency as UK representative of non‑UK resident
Chapter 2: Capital gains tax obligations and liabilities imposed on UK representatives
Schedule 7: Miscellaneous relocations
Part 1: Relocation of section 38 of, and Schedule 15 to, FA 1973
Section 77B of TMA: Pre-conditions for serving secondary-liability notice
Section 77D of TMA: Payments under secondary-liability notices
Section 77F of TMA: Issue, cancellation and effect of exemption certificates
Section 77G of TMA: Liabilities for assessments made after exemption certificate cancelled
Section 77H of TMA: Calculations under sections 77C(3) and 77G(7)
Section 77J of TMA: Meaning of “related to a licence” as respects tax, or profits or gains
Part 10: Relocation of sections 130 to 132 of FA 1988
Section 109B of TMA: Provisions for securing payment by company of outstanding tax
Section 109C of TMA: Penalty for company’s failure to comply with section 109B
Section 109D of TMA: Penalty for other persons if company fails to comply with section 109B
Section 109E of TMA: Liability of other persons for unpaid tax
Section 109F of TMA: Interpretation of sections 109B to 109E
Part 12: Relocation of Schedule 12 to F(No 2)A 1992 so far as applying for income tax purposes
Part 13: Relocation of section 200 of FA 1996 so far as applying for income tax purposes
Part 14: Relocation of section 36 of FA 1998 and section 111 of FA 2009
Part 17: Relocation of section 199 of FA 2003
Section 18B of TMA: Savings income; regulations about European and international aspects
Section 18C of TMA: Regulations under section 18B: provision about “paying agents”
Section 18D of TMA: Content of regulations under section 18B: supplementary provision
Section 18E of TMA: Interpretation of sections 18B to 18D: “prescribed” etc
Part 19: Relocation of paragraph 13 of Schedule 13 to FA 2007
Schedule 8: Minor and consequential amendments
Part 1: Double taxation relief
Section 12B of TMA: Records to be kept for purposes of returns
Section 24 of TMA: Power to obtain information as to income from securities
Section 43D of TMA: Claims for double taxation relief in relation to petroleum revenue tax
Section 807 of ICTA: Sale of securities with or without accrued interest
Schedule 18 to FA 1998: Company tax returns, assessments and related matters
Section 931H of CTA 2009: Dividends derived from transactions not designed to reduce tax
Section 931J of CTA 2009: Schemes involving manipulation of controlled company rules
Part 12: Amendments for purposes connected with other tax law rewrite Acts
Schedule 11: Index of defined expressions used in Parts 2 to 8
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