Income Tax (Trading and Other Income) Act 2005 (c. 5)

Part 5 U.K. Miscellaneous income

[F1 CHAPTER 2A U.K. Offshore receipts in respect of intangible property

Textual Amendments

F1 Pt. 5 Ch. 2A inserted (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 4 (with Sch. 3 para. 8)

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 2A: power to amend conferred (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 10

Interpretation: general U.K.

608Z Interpretation of Chapter: general U.K.

In this Chapter—

• “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);

• “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• “control group” has the meaning given by section 608S;

• “double taxation arrangements” means arrangements that have effect under section 2(1) of TIOPA 2010;

• [F2 “designer tax provisions” means provisions which appear to the Commissioners to be designed to enable persons to exercise significant control over the amount of tax which they pay in respect of UK-derived amounts;]

• “full treaty territory” has the meaning given by section 608E;

• “intangible property” has the meaning given by section 608H;

• “related”: references to two persons being related are to be read in accordance with section 608T;

• “resident”: references to being resident in a territory are to be read in accordance with section 608D;

• [F3 “tax”: any reference (however expressed) to tax payable or paid under the laws of a territory outside the United Kingdom is a reference to a tax which—

  (a)

  is charged on income, and

  (b)

  corresponds to income tax or corporation tax;

  and for this purpose tax may correspond to income tax or corporation tax even though it is payable under the laws of a province, state or other part of a country or is levied by or on behalf of a municipality or other local body;]

• [F2 “tax advantage” has the meaning given by section 608W(5);]

• “UK-derived amount” has the meaning given by section 608F;

• “UK sales” has the meaning given by section 608F.]

Textual Amendments

F2 Words in s. 608Z inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Tax (Trading and Other Income) Act 2005 (Amendments to Chapter 2A of Part 5) Regulations 2019 (S.I. 2019/1452), regs. 1(1), 14(2)

F3 Words in s. 608Z inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Tax (Trading and Other Income) Act 2005 (Amendments to Chapter 2A of Part 5) Regulations 2019 (S.I. 2019/1452), regs. 1(1), 14(3)