[F1795A Limits on credit: minimisation of the foreign tax.U.K.
(1)The amount of credit for foreign tax which, under any arrangements, is to be allowed against tax in respect of any income or chargeable gain shall not exceed the credit which would be allowed had all reasonable steps been taken—
(a)under the law of the territory concerned, and
(b)under any arrangements made [F2in relation to] that territory,
to minimise the amount of tax payable in that territory.
(2)The steps mentioned in subsection (1) above include—
(a)claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances; and
(b)making elections for tax purposes.
(3)For the purposes of subsection (1) above, any question as to the steps which it would have been reasonable for a person to take shall be determined on the basis of what the person might reasonably be expected to have done in the absence of relief under this Part against tax in the United Kingdom.]
Textual Amendments
F1S. 795A inserted (with effect in accordance with Sch. 30 para. 6(2) of the amending Act) by Finance Act 2000 (c. 17), Sch. 30 para. 6(1)
F2Words in s. 795A(1)(b) substituted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2002 (c. 23), s. 88(2)(a)
Modifications etc. (not altering text)
C1Ss. 793-795A applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262), reg. 4