Finance Act 2012

Unilateral relief

This section has no associated Explanatory Notes

2After section 5D insert—

5EDouble taxation relief

(1)This section applies if a person (“P”) is liable to pay a qualifying foreign tax in respect of bets in respect of which P is also liable to pay general betting duty under a provision of sections 2 to 4 or section 5AB (“the relevant provision”).

(2)Bets in respect of which P is liable to pay both general betting duty under the relevant provision and the qualifying foreign tax are referred to as “eligible bets”.

(3)Credit may be allowed for all or part of the qualifying foreign tax paid by P.

(4)Whether any credit is allowed is determined in accordance with Schedule A1.

(5)If credit is allowed for an accounting period, P is entitled to claim a repayment of so much of the duty actually paid as is equal to the amount of credit allowed.

(6)Total repayments to P for that accounting period in respect of bets of the applicable class (taking into account all qualifying foreign taxes) must not, in aggregate, exceed the duty actually paid.

(7)“The applicable class” means the class of bets to which the relevant provision applies.

(8)“The duty actually paid” means the general betting duty paid by P for that accounting period in respect of bets of the applicable class.

(9)A bet does not count as an “eligible bet” if it was made by or on behalf of P.