Taxation (International and Other Provisions) Act 2010 section 19

Time limits for claims for relief under section 18(2)

Section 19 sets out the time limits within which a claim for double taxation relief by way of foreign tax credit must be made, covering both income tax/capital gains tax and corporation tax scenarios.

• For income tax or capital gains tax, the claim must be made by the fourth anniversary of the end of the relevant tax year, or by 31 January following the tax year in which the foreign tax is actually paid, whichever is later.
• For corporation tax, the claim must be made within four years of the end of the relevant accounting period, or within one year of the end of the accounting period in which the foreign tax is actually paid, whichever is later.
• The extended deadlines recognise that foreign tax may be paid after the UK tax period in which the related income or gain arises, giving taxpayers additional time in those circumstances.
• These time limits apply specifically to claims for credit relief under section 18(2), which allows UK tax to be reduced by the amount of foreign tax paid on the same income or gain.