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Section 34 Reduction in credit: payment by reference to foreign tax

United Kingdom

(1)

Subsection (2) applies if—

(a)

credit for foreign tax is to be allowed to a person (“P”) under the arrangements, and

F1(b)

a tax authority makes a payment by reference to that tax, and that payment—

(i)

is made to P or a person connected with P, or

(ii)

is made to some other person directly or indirectly in consequence of a scheme that has been entered into.

(2)

The amount of that credit is to be reduced by an amount equal to that payment.

(3)

Whether a person is connected with P is determined in accordance with section 1122 of CTA 2010.

F2(4)

In subsection (1)(b)(ii) “scheme” includes any scheme, arrangement or understanding of any kind, whether or not legally enforceable, involving a single transaction or two or more transactions.

Annotations

Textual amendments

F1

S. 34(1)(b) substituted (with effect in accordance with s. 292(8) of the amending Act) by Finance Act 2014 (c. 26), s. 292(2)

F2

S. 34(4) inserted (with effect in accordance with s. 292(8) of the amending Act) by Finance Act 2014 (c. 26), s. 292(3)

Notes on Part 2

Modifications

C1

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))

C2

Pt. 2 applied by 2010 c. 4, s. 269DL(6) (as inserted (with effect in accordance with Sch. 3 Pt. 3 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 3 para. 1)

Notes on Chapter 2

Modifications

C1

Pt. 2 applied by 2010 c. 4, s. 269DL(6) (as inserted (with effect in accordance with Sch. 3 Pt. 3 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 3 para. 1)