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Section 202 Election, in guarantee case, to pay tax rather than make balancing payments

(1)

If each of the pre-conditions (see section 201) is met, the disadvantaged person may make an election—

(a)

to make no balancing payment within section 198 to the advantaged person in connection with section 147(3) or (5) applying because of F1section 153A in relation to the relevant F2borrowing in a chargeable period, but

(b)

instead, to undertake sole responsibility for discharging the advantaged person's liability to tax for that period so far as resulting from section 147(3) or (5) applying because of section 153A in relation to the relevant borrowing.

(2)

Section 203 contains provision about the making and effect of elections under this section.

(3)

In this section, the following expressions have the meaning given by section 201—

  • “the advantaged person”,

  • “the disadvantaged person”, and

  • “the relevant F3borrowing”.

Annotations

Textual amendments

F1

Words in s. 202(1) substituted (with effect in accordance with Sch. 6 para. 12 of the amending Act) by Finance Act 2026 (c. 11), Sch. 6 paras. 11(8)(a)(i), 12

F2

Word in s. 202(1) substituted (with effect in accordance with Sch. 6 para. 12 of the amending Act) by Finance Act 2026 (c. 11), Sch. 6 paras. 11(8)(a)(ii), 12

F3

Word in s. 202(3) substituted (with effect in accordance with Sch. 6 para. 12 of the amending Act) by Finance Act 2026 (c. 11), Sch. 6 paras. 11(8)(b), 12

Notes on Part 4

Modifications

C1

Pt. 4 excluded by 2010 c. 4, s. 938N (as inserted (19.7.2011) by Finance Act 2011 (c. 11), Sch. 5 para. 2)

C2

Pt. 4 excluded (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 2 para. 6(2); S.I. 2011/2329, art. 3

C3

Pt. 4 excluded (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 3(2); S.I. 2011/2576, art. 5

C4

Pt. 4 excluded (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 129(11) (with s. 147, Sch. 17)

Notes on Chapter 6

Modifications

C1

Pt. 4 Chs. 1 and 3-6 applied (1.4.2022 in relation to accounting periods beginning on or after that date) by Finance Act 2022 (c. 3), s. 51(1), Sch. 9 paras. 3, 4