Paragraph 6

United Kingdom

(1)

This paragraph applies to a scheme or arrangement if the scheme or arrangement includes—

(a)

the making by a person (“A”) of a relevant payment or payments, and

(b)

the giving, in respect of that payment or payments, of consideration that satisfies the requirements of sub-paragraph (3).

(2)

A payment made by A is a relevant payment if all or part of it may be brought into account in computing A's income for the purposes of United Kingdom taxes.

(3)

Consideration given in respect of a payment or payments made by A satisfies the requirements of this sub-paragraph if—

(a)

all or part of it consists of a payment or payments made to A or a person connected with A, and

(b)

tax is chargeable in respect of the payment or payments under the law of a territory outside the United Kingdom.

(4)

In this paragraph references to a payment include references to a transfer of money's worth.

(5)

Section 839 applies for the purposes of this paragraph.

Notes on Schedule 28AB

Textual amendments

F1: Sch. 28AB repealed (1.4.2010 with effect in accordance with s. 381(1) of the repealing Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), Sch. 8 para. 36, Sch. 10 Pt. 1 (with Sch. 9)
F2: Sch. 28AB inserted (with effect in accordance with s. 87(3)-(5) of the amending Act) by Finance Act 2005 (c. 7), s. 87(2), Sch. 5