Betting and Gaming Duties Act 1981

[F1 Clawback U.K.

Textual Amendments

F1 Sch. 4B inserted (with effect in accordance with Sch. 25 para. 12 of the amending Act) by Finance Act 2012 (c. 14), Sch. 25 para. 9

6 (1) This paragraph applies if in respect of eligible gaming— U.K.

(a) P receives a repayment under section 26IA for one or more accounting periods in a reconciliation period, and

(b) the amount calculated under Step 1 in paragraph 4 for the final accounting period in that reconciliation period is a negative amount.

(2) P is liable to repay all or part of the repayment or repayments received.

(3) The amount that P is liable to repay is the smallest of—

(a) the loss multiplied by the rate at which the qualifying foreign tax is charged in respect of eligible gaming,

(b) the loss multiplied by the appropriate rate (as defined in paragraph 4), and

(c) the repayment (or the sum of the repayments) made to P for the reconciliation period.

(4) “The loss” means the negative amount mentioned in sub-paragraph (1)(b) but expressed as a positive number.

(5) If there is more than one rate at which the qualifying foreign tax is charged in respect of eligible gaming, each rate is to be applied to an appropriate portion of the loss in order to arrive at the amount under sub-paragraph (3)(a).

(6) If all or part of the qualifying foreign tax is calculated other than on a net receipts basis, sub-paragraph (3) has effect as if paragraph (a) were omitted.

(7) Any amount due from P under this paragraph is to be treated as if it were an amount of unpaid remote gaming duty.]