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Home / Simons-Taxes /Personal and employment tax /Part E6 Overseas issues /Division E6.4 Double taxation relief for income tax and capital gains tax /Credit relief / E6.433 Double tax relief—limit on credit relief—general rules
Commentary

E6.433 Double tax relief—limit on credit relief—general rules

Personal and employment tax

Various limits are imposed on the amount of credit relief that may be given. For example, there is an overall requirement to minimise the foreign tax payable by claiming appropriate reliefs1.

The consequence of this is that relief in the UK is restricted to the lower amount, and repayment of any additional foreign tax would need to be sought from the overseas jurisdiction. The limit on the UK credit is that it cannot exceed the amount which would have been allowed had all reasonable steps been taken under the law of the non-UK territory and under any double taxation agreement to minimise the amount of tax

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