Section 189 | Double taxation relief by way of deduction for foreign tax

(1)Subsection (2) applies if—

(a)a claim is made under section 174,

(b)the disadvantaged person (“DP”) is entitled on that claim to make a calculation, or to have an adjustment made, on the basis that the arm's length provision was made or imposed instead of the actual provision,

(c)the application of that basis in the calculation of DP's profits or losses for any chargeable period involves a reduction in the amount of any income, and

(d)that income is also income that is to be reduced in accordance with section 112(1) (deduction for foreign tax where no credit allowed).

(2)If this subsection applies—

(a)the reduction mentioned in subsection (1)(c) is to be treated as made before any reduction under section 112(1), and

(b)tax paid, in the place in which any income arises, on so much of that income as is represented by the amount of the reduction mentioned in subsection (1)(c) is to be disregarded for the purposes of section 112(1).

(3)If any adjustment is required to be made for the purpose of giving effect to any of the preceding provisions of this section—

(a)it may be made by setting the amount of the adjustment against any relief or repayment to which DP is entitled in pursuance of DP's claim under section 174, and

(b)nothing in the Tax Acts limiting the time within which any assessment is to be or may be made or amended prevents that adjustment from being so made.