Part 2Trading income

Chapter 13Deductions from profits: unremittable amounts

188Application of Chapter

1

This Chapter applies if—

a

an amount received by, or owed to, a person carrying on a trade (“the trader”) is brought into account as a receipt in calculating the profits of the trade,

b

the amount is paid or owed in a territory outside the United Kingdom, and

c

some or all of the amount is unremittable.

2

An amount received is unremittable if it cannot be transferred to the United Kingdom merely because of foreign exchange restrictions.

3

An amount owed is unremittable if it cannot be paid in the United Kingdom and—

a

it temporarily cannot be paid in the territory in which it is owed merely because of foreign exchange restrictions, or

b

it can be paid in that territory but, if it were paid there, the amount paid would not be transferable to the United Kingdom merely because of foreign exchange restrictions.

4

Foreign exchange restrictions” are restrictions imposed by any of the following—

a

the laws of the territory where the amount is paid or owed,

b

executive action of its government, and

c

the impossibility of obtaining there currency that could be transferred to the United Kingdom.