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Legislation
Taxation (International and Other Provisions) Act 2010

Crossheading Unrelieved foreign tax on profits of overseas permanent establishment

  • Section 72 Application of section 73(1)
  • Section 73 Carry-forward and carry-back of unrelieved foreign tax
  • Section 74 Rules for carrying back unrelieved foreign tax
  • Section 75 Two or more establishments treated as a single establishment
  • Section 76 Former and subsequent establishments regarded as distinct establishments
  • Section 77 Claims for relief under section 73(1)
  • Section 78 Meaning of “overseas permanent establishment”
  1. Unrelieved foreign tax on profits of overseas permanent establishment
  2. Carry-forward and carry-back of unrelieved foreign tax

Section 73 | Carry-forward and carry-back of unrelieved foreign tax

From legislation.gov.uk

(1)For the purposes of allowing credit relief under this Part, the excess is to be treated—

(a)as if it were foreign tax paid in respect of, and calculated by reference to, the company's qualifying income from the PE in the accounting period after period A (whether or not the company in fact has any qualifying income from that source in the accounting period after period A), or

(b)in accordance with the rules in section 74, as if it were foreign tax paid in respect of, and calculated by reference to, the company's qualifying income from the PE in one or more of the recent periods, or

(c)partly as mentioned in paragraph (a) and partly as mentioned in paragraph (b).

(2)If in period A the company ceases to have the PE, the excess, so far as it is not treated as mentioned in subsection (1)(b), is to be reduced to nil (so that none of the excess is to be treated as mentioned in subsection (1)(a)).

(3)If an amount is treated as mentioned in subsection (1)(b) it is not to be so treated for the purpose of any further application of subsection (1).

(4)In subsection (1)(b) “recent period” means an accounting period which is earlier than period A but begins not more than 3 years before period A.

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