Taxation (International and Other Provisions) Act 2010 section 128B

Giving effect to requirements under section 128A regulations

Section 128B explains how HMRC must implement agreements, decisions or opinions arising from international tax dispute resolution regulations, and the types of tax adjustments that can be made as a consequence.

• Where regulations under section 128A require HMRC to give effect to an agreement, decision or opinion — whether made by HMRC itself, a foreign tax authority, or any commission, tribunal, court or other body — HMRC must comply.
• HMRC must implement the agreement, decision or opinion even if doing so conflicts with other legislation — no existing enactment can override this obligation.
• Any appropriate consequential tax adjustment may be made to give proper effect to the outcome.
• Adjustments can take various forms, including discharging or repaying tax, allowing a credit against UK tax, or raising an assessment.