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Legislation
Taxation (International and Other Provisions) Act 2010

CHAPTER 13A Special provision concerning transparent funds

  • Section 259MA Meaning of “transparent fund”
  • Section 259MB Application of Chapters 3, 4, 5 and 7
  • Section 259MC Application of Chapter 9
  • Section 259MD Application of Chapter 11
  1. Chapter 13A
  2. Application of Chapter 11

Section 259MD | Application of Chapter 11

From legislation.gov.uk

(1)Subsection (2) applies where—

(a)Chapter 11 applies as a result of sub-paragraph (i), (ii), (iii) or (iv) of section 259KA(6)(a) applying as a result of a payment or quasi-payment to which section 259MB would apply if the Chapter corresponding to that sub-paragraph applied in relation to that payment or quasi-payment, and

(b)the condition in section 259KA(9)(c) is not met.

(2)Where this subsection applies, section 259MB(6) applies for the purposes of determining the extent of a relevant mismatch under Chapter 11.

(3)The Chapters corresponding to the sub-paragraphs of section 269KA(6)(a) mentioned in subsection (1) are as follows—

Table
Sub-paragraph (i)Chapter 3
Sub-paragraph (ii)Chapter 4
Sub-paragraph (iii)Chapter 5
Sub-paragraph (iv)Chapter 7.

(4)Subsection (5) applies where—

(a)Chapter 11 applies as a result of section 259KA(6)(a)(vi) applying as a result of a hybrid double deduction amount to which section 259MC would apply if Chapter 9 applied in relation to that amount, and

(b)the condition in section 259KA(9)(c) is not met.

(5)Where this subsection applies, section 259MC(3) applies for the purposes of determining the extent of a relevant mismatch under Chapter 11.

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