C1C2Part 2Double taxation relief
Pt. 2 applied by 2010 c. 4, s. 269DL(6) (as inserted (with effect in accordance with Sch. 3 Pt. 3 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 3 para. 1)
C2CHAPTER 2Double taxation relief by way of credit
Schemes and arrangements designed to increase relief: anti-avoidance
88Section 83(2) and (4): schemes involving tax-deductible payments
1
This section applies to a scheme or arrangement if the scheme or arrangement includes—
a
the making by a person (“P”) of a relevant payment or payments, and
b
the giving, in respect of the payment or payments, of qualifying consideration.
2
For the purposes of subsection (1), a payment is a “relevant payment” if all or part of it may be brought into account—
a
in calculating P's income for the purposes of income tax or corporation tax, or
b
in calculating P's chargeable gains for the purposes of capital gains tax.
3
For the purposes of subsection (1), consideration is “qualifying consideration” if—
a
all or part of it consists of a payment made to P or a person connected with P, and
b
tax is chargeable in respect of the payment under the law of a territory outside the United Kingdom.
4
In this section “payment” includes a transfer of money's worth.
5
For the purposes of this section, whether a person is connected with another is determined in accordance with section 1122 of CTA 2010.
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))