Part 2Double taxation relief
CHAPTER 2Double taxation relief by way of credit
Schemes and arrangements designed to increase relief: anti-avoidance
86Section 83(2) and (4): schemes about claims or elections etc
1
This section applies to a scheme or arrangement if under the scheme or arrangement—
a
a step is taken by a participant, or
b
a step that could have been taken by a participant is not taken,
and that action or failure to act has the effect of increasing, or giving rise to, a claim by a participant for an allowance by way of credit under this Part.
2
The steps mentioned in subsection (1) are steps that may be taken—
a
under the law of any territory, or
b
under double taxation arrangements made in relation to any territory.
3
The steps mentioned in subsection (1) include—
a
claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances, and
b
making elections for tax purposes.
4
In subsection (1) “participant” means a person who is party to, or concerned in, the scheme or arrangement.