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Legislation
Income Tax (Trading and Other Income) Act 2005

Chapter 2A Disguised interest

  • Section 381A Charge to tax on disguised interest
  • Section 381B Income charged
  • Section 381C Person liable
  • Section 381D Avoidance of double taxation
  • Section 381E Exception for returns from certain shares
  1. Chapter 2A
  2. Avoidance of double taxation

Section 381D | Avoidance of double taxation

From legislation.gov.uk

(1)This section applies if at any time a tax other than income tax (“the other tax”) is charged in relation to a return on which income tax is charged under this Chapter.

(2)In order to avoid a double charge to tax in respect of the return, a person may make a claim for one or more consequential adjustments to be made in respect of the other tax.

(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)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.

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