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Finance Act 2012

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4After section 10 insert—

10ADefinition of qualifying foreign tax

(1)For the purposes of general betting duty or pool betting duty, a “qualifying foreign tax” is a foreign tax specified by the Commissioners in relation to that duty (“the relevant duty”).

(2)“Specified” means specified in a notice published by the Commissioners, as revised or replaced from time to time.

(3)The Commissioners must specify a foreign tax under this section if they are satisfied that—

(a)it is a gambling tax,

(b)the activities on which it is charged include betting,

(c)the bets in respect of which it is charged include bets in respect of which the relevant duty is also charged, and

(d)the charge in respect of such bets is based on betting by persons in or deemed to be in the country or territory where the tax is imposed.

(4)The following factors indicate that a tax is a gambling tax—

(a)that it is charged on activities involving betting or gaming (rather than activities generally), and

(b)that it goes towards meeting general public expenditure (rather than being ring-fenced for a particular purpose).

(5)A notice specifying a foreign tax may provide that the tax is to be treated as having been specified with effect from a date that is earlier than the date of the notice.

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