C1Part 2Double taxation relief
CHAPTER 2Double taxation relief by way of credit
Schemes and arrangements designed to increase relief: anti-avoidance
83Schemes and arrangements referred to in section 82(4)
1
For the purposes of section 82(4), a scheme or arrangement is within this section if it is within subsection (2) or (4).
2
A scheme or arrangement is within this subsection if—
a
it is not an underlying-tax scheme or arrangement, and
b
one or more of sections 84 to 88 apply to it.
3
For the purposes of this section, a scheme or arrangement is an “underlying-tax” scheme or arrangement if its main purpose, or one of its main purposes, is to cause an amount of underlying tax allowable in respect of a dividend paid by an overseas-resident body corporate to be taken into account in a person's case.
4
A scheme or arrangement is within this subsection if—
a
it is an underlying-tax scheme or arrangement, and
b
one or more of sections 84 to 88 would, on the assumption in subsection (5), apply to it.
5
The assumption is that the body corporate is resident in the United Kingdom.
6
Nothing in subsection (5) requires it to be assumed that there is any change in the place or places at which the body corporate carries on its activities.
7
In subsection (3) “overseas-resident” means resident in a territory outside the United Kingdom.
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))