Inland Revenue 28
17 March 1998
______________________________________________________________
REQUIREMENT FOR TAXPAYERS TO NOTIFY THE INLAND REVENUE OF
ADJUSTMENTS TO FOREIGN TAX PAID
The Chancellor today announced that all taxpayers who have
claimed relief for foreign tax will from today have a clear
statutory obligation to notify the Inland Revenue if the
amount of foreign tax they have paid is adjusted and this
results in the claim becoming excessive. This will make the
tax system fairer and more transparent.
The provision will apply to adjustments to foreign tax made by
overseas tax authorities on or after Budget day.
Notification must be given in writing.
DETAILS
1. A taxpayer may claim relief from United Kingdom tax in
respect of foreign tax he or she has paid. There is no clear
requirement in the present legislation (other than in
Regulations concerning Lloyd's underwriters) that the
taxpayer should advise the Inland Revenue if subsequently the
foreign tax is adjusted by the foreign tax authority so that
the claim is rendered excessive, for example, because all, or
part, of the foreign tax has been repaid.
2. Under the Budget proposal, taxpayers (both individuals and
companies) will be required to notify the Inland Revenue
within one year of any adjustment to the amount of foreign
tax in respect of which they have claimed relief from United
Kingdom tax. This requirement only applies however in
circumstances where the adjustment is such that it results in
the claim to relief becoming excessive. Although there is no
reason to believe that taxpayers have failed, to a
significant extent, to notify the Inland Revenue of such
adjustments in the past, this proposal clarifies taxpayers'
obligations under Self Assessment. This change is one that
was put forward during discussions between the Inland Revenue
and representatives of the business community.
3. Failure to comply with this requirement will result in the
taxpayer becoming liable to a penalty not exceeding the
amount by which the claim has been rendered excessive.
NOTES FOR EDITORS
Credit may be claimed in respect of foreign tax paid, either
on a unilateral basis or under the terms of bilateral double
taxation agreements. Relief is given against the United
Kingdom tax computed by reference to the same income or gains
in respect of which the foreign tax has been paid.
INLAND REVENUE PRESS OFFICE
Media enquiries to: 0171 438 6692/6706/7327
(Out of hours: 0860 359544)
Non media enquiries to: 0171 438 6420/6425
(Office hours only)