INTM170050 - Double Taxation Relief: Anti avoidance legislation: Effect of legislation

Where the trigger conditions are met, an officer of HMRC may issue a notice directing that the legislation applies. (See INTM170060 for details of how notices are issued.) »Ê¹ÚÌåÓýapp notice may also set out HMRC’s view of the just and reasonable amount of credit to be given for foreign tax. This amount should meet the following conditions:

  • it should cancel any increase that results from the scheme or arrangement
  • the amount of credit must be reduced to the point where none of the circumstances apply
  • the remaining credit must relieve double taxation in accordance with the meaning and intention of treaties or, where appropriate, the legislation governing unilateral relief.