- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Taxation (International and Other Provisions) Act 2010, Cross Heading: Alternative way of claiming if a security is involved.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subsection (2) applies if—
(a)both of the affected persons are companies, and
(b)the actual provision is provision in relation to a security issued by one of those companies.
(2)A claim under section 174 may be made in accordance with section 182.
(3)For the purposes of this Part, a “section 182 claim” is a claim under section 174 made in accordance with section 182.
(4)In subsections (1)(b) and (5)(a) “security” includes securities not creating or evidencing a charge on assets.
(5)For the purposes of subsection (1)(b), any—
(a)interest payable by a company on money advanced without the issue of a security for the advance, or
(b)other consideration given by a company for the use of money so advanced,
is to be treated as if payable or given in respect of a security issued for the advance by the company, and references to a security are to be read accordingly.
(1)A section 182 claim may be made by—
(a)the disadvantaged person, or
(b)the advantaged person.
(2)A section 182 claim made by the advantaged person is to be taken to be made on behalf of the disadvantaged person.
(3)A section 182 claim may be made before or after a calculation within section 176(1) has been made.
(4)A section 182 claim must be made either—
(a)at any time before the end of the period mentioned in section 177(2), or
(b)within the period mentioned in section 177(3).
(5)Subsection (4) has effect subject to section 186(3) (which provides for the extension of the period for making a claim).
(1)A section 182 claim is not a claim within paragraph 57 or 58 of Schedule 18 to FA 1998 (company tax returns, assessments and related matters).
(2)Accordingly, paragraph 59 of that Schedule (application of Schedule 1A to TMA 1970) has effect in relation to a section 182 claim.
(3)If—
(a)a section 182 claim is made before a calculation within section 176(1) has been made,
(b)such a calculation is subsequently made, and
(c)the claim is not consistent with the calculation,
the affected persons are to be treated as if (instead of the claim actually made) a claim had been made that was consistent with the calculation.
(4)All such adjustments are to be made (including by the making of assessments) as are required to give effect to subsection (3).
(5)Subsection (4) has effect despite any limit on the time within which any adjustment may be made.
(1)Subsection (2) applies if—
(a)a section 182 claim is made,
(b)a return is subsequently made by the advantaged person on the basis mentioned in section 176(1), and
(c)a relevant notice (see section 190) taking account of such a determination as is mentioned in section 176(3)(b) is subsequently given to the advantaged person.
(2)If any amendment of the claim is appropriate in consequence of the determination contained in the relevant notice, the amendment may be made by—
(a)the disadvantaged person, or
(b)the advantaged person.
(3)If an amendment under subsection (2) is made by the advantaged person it is to be taken to be made on behalf of the disadvantaged person.
(4)Any amendment under subsection (2) must be made within the period mentioned in section 177(3).
(5)Subsection (4) has effect subject to section 186(3) (which provides for the extension of the period for making an amendment).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: