C1Part 2Double taxation relief
CHAPTER 2Double taxation relief by way of credit
Limit on total credit against income tax and capital gains tax
41Amount of limit
1
In subsection (2) “the total credit” means—
where—
F is the total credit, under all tax-relief arrangements, allowed under section 18(2) against a person's income tax for any tax year, and
G is the total credit, under all tax-relief arrangements, allowed under section 18(2) against the person's capital gains tax for that tax year.
2
The total credit is not to be more than—
where—
I is the total income tax payable by the person for the tax year,
C is the total capital gains tax payable by the person for the tax year, and
A is the total amount of the tax treated under section 414 of ITA 2007 (gift aid) as deducted from gifts made by the person in the tax year.
3
In calculating I and C for the purposes of subsection (2), no reduction is to be made for credit under section 18(2).
4
Subsection (2) applies in addition to sections 36 and 40.
5
For the purposes of subsection (1) the following are “tax-relief arrangements”—
a
double taxation arrangements, and
b
unilateral relief arrangements for a territory outside the United Kingdom.
Pt. 2 modified by 1988 c. 1, Sch. 19ABA paras. 26-28 (as inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 34(3) (with Sch. 9 paras. 1-9, 22))