BIM45901 - Specific deductions: overseas taxes: summary
In most cases, tax of an overseas country charged on the profits
arising in that country of a person resident in the UK will be
available for tax credit relief, either under an agreement or
unilaterally. As to the position where a taxpayer elects not to
have tax credit relief, see INTM161050.
A deduction may be allowed for other annual taxes charged on
a person resident in the UK in respect of his overseas trading,
such as taxes on trade purchases or turnover and social security
taxes in respect of employees.
Exceptional cases (for example, where excessive overseas tax
seems to have been suffered or where some right of deferred refund
of part of the overseas tax exists) should be submitted to
International CT before a deduction is agreed.
A deduction may in certain circumstances be due for taxes of
a capital nature (Harrods (Buenos Aires) Ltd v Taylor-Gooby [1964]
41TC450). A deduction should be given for annual capital taxes
imposed in an overseas country on a UK resident trading there
through a permanent establishment and charged on assets situated in
that territory and used for the purposes of the trade. No deduction
should be given for:
- capital taxes attributable to assets held as investments,
- non-recurring capital taxes imposed by reason of a change in the ownership of the trade or of the assets (for example estate duty and share transfer taxes).
The following should be submitted to International CT:
i) Claims other than in (a) above for a deduction for annual
capital taxes where there is no permanent establishment in the
overseas territory.
ii) Claims other than in (b) above involving one-for all
capital taxes, such as voluntary revaluation taxes.
iii) Any other points of difficulty.
Overseas tax that is allowable in accordance with the preceding
sub paragraphs should normally be treated as an expense of the year
or period on the basis of which it is levied. Any other
satisfactory basis, which has been consistently adopted, need not,
however, be disturbed.
Any case where an overseas country charges its tax on a
person resident in the UK in respect of profits which, according to
UK principles, arise in the UK (for example, where the overseas
country regards the profits as arising within its own boundaries)
should be submitted to International CT. See, however, DT9558 as
regards certain Indian instances.
No deduction should be allowed for taxes imposed in the
country in which a person trading in the UK is resident (CIR v
Dowdall O'Mahoney & Co. Ltd. [1952] 33TC259). Any case in which
a deduction is claimed against UK branch profits for tax imposed on
such a person in a third country should be submitted to
International CT.
As regards the application of ICTA88/S798 to banks and others
lending by way of trade, see INTM168000 onwards.
Interest payable on overseas tax may be regarded as an
administrative penalty and is not therefore, in the way that tax
is, an application of profits. Such interest may be admitted as a
deduction. There are exceptions to this general rule. If the
interest arises on tax, which is not itself, deductible (for
example a capital tax) then we would not allow it and if the
interest is connected to overseas tax penalties it should be
disallowed in accordance with the principle outline in the CIR v
Alexander von Glehn and Company Ltd [1920] 12TC232.
