Taxation (International and Other Provisions) Act 2010 section 77

Claims for relief under section 73(1)

Section 77 sets out the requirement to make a formal claim in order to carry forward or carry back unrelieved foreign tax, and specifies what the claim must contain and the time limits for making it.

• Relief for unrelieved foreign tax (whether carried forward or carried back) is not given automatically — a formal claim must be made.
• The claim must specify how much of the excess foreign tax is to be carried forward and how much is to be carried back.
• The claim must be made within four years of the end of the accounting period in which the excess arose (period A).
• If the foreign tax was paid after the end of period A, the deadline is extended to one year after the end of the accounting period in which the foreign tax was actually paid, if that is later.