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Legislation
Taxation (International and Other Provisions) Act 2010

CHAPTER 6 Balancing payments

  • Section 195 Qualifying conditions for purposes of section 196
  • Section 196 Balancing payments between affected persons: no charge to, or relief from, tax
  • Section 197 Qualifying conditions for purposes of section 198
  • Section 198 Balancing payments by guarantor to borrower: no charge to, or relief from, tax
  • Section 199 Pre-conditions for making election under section 200
  • Section 200 Election to pay tax rather than make balancing payments
  • Section 201 Pre-conditions for making election under section 202
  • Section 202 Election, in guarantee case, to pay tax rather than make balancing payments
  • Section 203 Elections under section 200 or 202
  • Section 204 Meaning of “capital market condition” in sections 199 and 201
  1. Chapter 6 · Balancing payments
  2. Election, in guarantee case, to pay tax rather than make balancing payments

Section 202 | Election, in guarantee case, to pay tax rather than make balancing payments

From legislation.gov.uk

(1)If each of the pre-conditions (see section 201) is met, the disadvantaged person may make an election—

(a)to make no balancing payment within section 198 to the advantaged person in connection with section 147(3) or (5) applying because of section 153A in relation to the relevant borrowing in a chargeable period, but

(b)instead, to undertake sole responsibility for discharging the advantaged person's liability to tax for that period so far as resulting from section 147(3) or (5) applying because of section 153A in relation to the relevant borrowing.

(2)Section 203 contains provision about the making and effect of elections under this section.

(3)In this section, the following expressions have the meaning given by section 201—

“the advantaged person”,

“the disadvantaged person”, and

“the relevant borrowing”.

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