Part 2

Trading income
Chapter 2

Income taxed as trade profits

Trading income provided through third parties

Double taxation
23H
1
This section applies where—
a
income tax is charged on an individual by virtue of the application of section 23E in relation to a relevant benefit amount, and
b
at any time, a tax (whether income tax or another tax) is charged on the individual or another person otherwise than by virtue of the application of section 23E in relation to the relevant benefit concerned.
2
In order to avoid a double charge to tax, the individual may make a claim for one or more consequential adjustments to be made in respect of the tax charged as mentioned in subsection (1)(b).
3
On a claim under this section an officer of Revenue and Customs must make such of the consequential adjustments claimed (if any) as are just and reasonable.
4
The value of any consequential adjustments must not exceed the lesser of—
a
the income tax charged on the individual as mentioned in subsection (1)(a), and
b
the tax charged as mentioned in subsection (1)(b).
5
Consequential adjustments may be made—
a
in respect of any period,
b
by way of an assessment, the modification of an assessment, the amendment of a claim, or otherwise, and
c
despite any time limit imposed by or under any enactment.
Ss. 23A-23H and cross-heading inserted (16.11.2017) (with effect in accordance with s. 35(4) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 35(2)
Ss. 23A-23H modified (16.11.2017) (with application in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 12 para. 1(1) (as amended (22.7.2020) by Finance Act 2020 (c. 14), s. 16(5)(a))