Part 2Double taxation relief
CHAPTER 2Double taxation relief by way of credit
Insurance companies
100First limitation for purposes of section 99(2)
1
The first limitation for the purposes of section 99(2) is to treat the amount of the relevant income as reduced (but not below nil) for the purposes of this Chapter by the amount of expenses (if any) attributable to the relevant income.
2
For the purposes of subsection (1), the amount of expenses attributable to the relevant income is the appropriate fraction of the total relevant expenses of the category of business concerned for the period of account in question.
3
In subsection (2) “the appropriate fraction” means the fraction given by—
where—
RI is the amount of the relevant income before any reduction in accordance with section 99(2), and
TI is the total income of the category of business concerned for the period of account in question, but if that would result in TI being nil, TI is instead the amount described in subsection (4).
4
That amount is so much in total of the income and gains—
a
which arise to the company in the period of account in question, and
b
in respect of which credit for foreign tax is to be allowed under any double taxation arrangements or under unilateral relief arrangements for any territory outside the United Kingdom,
as are referable to the category of business concerned (before any reduction in accordance with section 99(2)).
5
Subsection (4) is to be read with section 104 (determining how much of any income or gain is referable to a category of business).
6
In this section “the relevant income” has the meaning given by section 99(2).