Double taxation: concept and principles: UK enabling legislation - relief under double taxation agreements
TIOPA10/S6 provides that double taxation agreements made by the United Kingdom with any territory outside the United Kingdom shall have effect for the following purposes:
- for relief from Income Tax or Corporation Tax on income,
- for charging United Kingdom source income arising to non-residents,
- for determining the income to be attributed to non-residents and their branches etc. in the United Kingdom and to United Kingdom residents who have special relationships with non-residents, and
- for giving non-residents the right to a tax credit on distributions made by a United Kingdom resident company.
Income Tax and Corporation Tax in respect of income or chargeable gains, and also for:
- Capital gains and Capital Gains Tax; and
- Petroleum Revenue Tax.
Double taxation agreements made under Section 6 are of two kinds
- comprehensive agreements, which deal with income of all descriptions and capital gains, and
- limited agreements which only deal with shipping and/or air transport profits.
Double taxation agreements are incorporated as Schedules to Orders in Council and are published as Statutory Instruments. See INTM157020.
A more detailed description of the contents of a double taxation agreement is given in INTM153010 onwards. The full text of individual agreements along with a summary is provided at DT1200PP onwards. The text of the agreements which have most recently entered into force is to be found on the International internet site.