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Legislation
Capital Gains Tax Act 1979 (repealed 6.3.1992)

Crossheading The foreign element

  • Section 10 Double taxation relief.
  • Section 11 Allowance for foreign tax.
  • Section 12 Non-resident with United Kingdom branch or agency.
  • Section 13 Foreign assets: delayed remittances.
  • Section 14 Foreign assets of person with foreign domicile.
  • Section 15 Non-resident company.
  • Section 16 Non-resident group of companies.
  • Section 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • Section 18 Residence etc. and location of assets.
  1. The foreign element
  2. Double taxation relief.

Section 10 | Double taxation relief.

From legislation.gov.uk

(1)For the purpose of giving relief from double taxation in relation to capital gains tax and tax on chargeable gains charged under the law of any country outside the United Kingdom, in Chapters I and II of Part XVIII of the Taxes Act 1988, as they apply for the purposes of income tax, for references to income there shall be substituted references to capital gains and for references to income tax there shall be substituted references to capital gains tax meaning, as the context may require, tax charged under the law of the United Kingdom or tax charged under the law of a country outside the United Kingdom.F1

(2)Any arrangements set out in an order made under section 347 of the Income Tax Act 1952 before 5th August 1965 (the date of the passing of the Finance Act 1965) shall so far as they provide (in whatever terms) for relief from tax chargeable in the United Kingdom on capital gains have effect in relation to capital gains tax.

(3)So far as by virtue of this section capital gains tax charged under the law of a country outside the United Kingdom may be brought into account under the said Chapters I and II as applied by this section, that tax, whether relief is given by virtue of this section in respect of it or not, shall not be taken into account for the purposes of those Chapters as they apply apart from this section.

(4)Section 816of the Taxes Act 1988(disclosure of information for purposes of double taxation) shall apply in relation to capital gains tax as it applies in relation to income tax.F2

Notes

  1. F1

    Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 para. 15(a)

  2. F2

    Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 paras. 15 and 32

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