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Finance Act 2004

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This is the original version (as it was originally enacted).

108Income tax credit etc for special withholding tax

(1)This section applies where—

(a)a person is chargeable to income tax for a year of assessment in respect of a payment of savings income or would be so chargeable but for any exemption or relief which has effect in respect of that payment,

(b)special withholding tax is levied in respect of the payment, and

(c)the person is resident in the United Kingdom for that year of assessment.

(2)On the making of a claim, income tax (“the deemed tax”) of an amount equal to the amount of the special withholding tax levied is to be treated as having been—

(a)paid by or on behalf of the person for that year of assessment, and

(b)deducted at source for that year of assessment for the purposes of the provisions in subsection (3).

(3)The provisions are—

  • section 7 of the Taxes Management Act 1970 (c. 9) (notice of liability to income tax and capital gains tax);

  • section 8 of that Act (personal return);

  • section 8A of that Act (trustee’s return);

  • section 9 of that Act (returns to include self-assessment);

  • section 59A of that Act (payments on account of income tax);

  • section 59B of that Act (payments of income tax and capital gains tax);

  • section 824(3) of the Taxes Act 1988 (repayment supplements: determination of relevant time).

(4)Where the amount of the deemed tax exceeds the amount (which may be nil) of income tax for which the person is liable for the year of assessment (before any set-off for the deemed tax), then, to the extent that it would not otherwise be the case,—

(a)the excess is to be set against any capital gains tax for which he is liable for the year of assessment, and

(b)he is entitled to a repayment of income tax in respect of any remaining balance of that excess.

(5)But subsection (2) does not apply in relation to an amount of special withholding tax levied if—

(a)the person has obtained relief from double taxation in respect of that special withholding tax under the law of a territory outside the United Kingdom, and

(b)the person was resident in that territory, or was treated as being so resident under any double taxation arrangements, in the year of assessment in question.

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