The Recovery of Foreign Taxes Regulations 2007

Requests for recovery

This section has no associated Explanatory Memorandum

4.—(1) A request for recovery of a relevant foreign tax by an applicant authority—

(a)shall be communicated in writing; and

(b)shall be in such form and include such information and documentation as is agreed between the Commissioners and the applicant authority for the purposes of effecting recovery.

(2) The Commissioners and the applicant authority may accept and transmit the information required by paragraph (1) and any other relevant communication by electronic means where there is agreement between them to waive paper communication.

(3) The Commissioners and the applicant authority shall agree a minimum amount of the foreign claim for the purposes of making a request for recovery.

(4) The Commissioners shall not be obliged to entertain a request for recovery where the amount concerned is less than the agreed minimum amount.

(5) The amount of the foreign claim shall be stated in such currency as the Commissioners and the applicant authority may agree.

(6) The amount shall be converted into the sterling equivalent using the exchange rate specified in paragraph (7).

(7) The rate of exchange to be used for the purposes of these Regulations shall be the latest selling rate for sterling recorded on the most representative exchange market or markets of the territory in which the applicant authority is situated on the date when the request for recovery is made.

(8) The Commissioners and the applicant authority shall agree how the costs associated with the recovery of the foreign claim shall be met in cases where the final decision does not include a claim for costs.

(9) The Commissioners and the applicant authority shall agree the method and timing of the transfer of the amount recovered to the applicant authority.