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Double Tax Relief

UK Double Taxation Relief Master Guide 2026

Practical 2026 guide to UK double taxation relief: treaty credit relief, unilateral relief, foreign tax credit limits, deduction relief, income and capital-gains claims, SA106 reporting and the correct treatment of foreign tax paid.

UK Double Taxation Relief: What It Actually Does

The UK can tax a UK-resident taxpayer on foreign income and gains under UK domestic law, while the foreign country may also tax the same income or gain because of its source or other domestic rules. Double Taxation Relief (DTR) is the group of mechanisms used to mitigate that double taxation. Relief can arise under a bilateral Double Taxation Agreement (DTA), under the UK's unilateral relief rules, or in some circumstances through deduction treatment. The correct mechanism depends on the country, income or gain, taxes involved and the precise treaty wording.

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DTR does not automatically mean that every pound of foreign tax paid is refunded or credited.
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Treaty credit relief depends on the particular DTA and its taxes-covered and elimination-of-double-taxation provisions.
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There is no universal treaty 'Article 23' that governs every UK DTA.
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Unilateral relief can apply where no DTA covers the foreign tax and can also apply where an existing DTA does not cover the relevant category of income or foreign tax.
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Foreign tax generally needs to be admissible for UK credit purposes and actually paid, subject to specific exceptions.
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For a credit claim, the foreign tax and UK tax normally need to relate to the same profits, income or gains.

Treaty Credit Relief vs Unilateral Relief

Where the UK has an applicable DTA with the country concerned, the agreement's Elimination of Double Taxation/Credit Article determines how relief operates and what taxes qualify. The article number varies between treaties. Where no applicable treaty relief exists, UK law can provide unilateral relief. Importantly, unilateral relief is not limited only to countries with no treaty: HMRC states it can also apply where an agreement exists but does not cover the particular category of income or foreign tax involved.

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The exact article number for credit relief varies from treaty to treaty.
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A treaty can restrict the source country's taxing right before a UK credit question even arises.
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If foreign tax was charged contrary to an applicable treaty, seeking a refund from the foreign authority may be preferable to treating the excess as UK-creditable tax.
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Unilateral relief under TIOPA 2010 is subject to statutory restrictions and does not simply replicate every DTA.
Relief RouteWhen It Can ApplyCore Point
Treaty Credit ReliefAn applicable DTA provides credit reliefThe particular treaty's taxes-covered and credit/elimination article must be checked.
Unilateral ReliefNo applicable treaty relief, including some situations where a DTA does not cover the relevant income/taxOperates under TIOPA 2010 and has its own source, admissibility and credit-limit rules.
Deduction ReliefWhere the statutory rules permit foreign tax to be deducted in calculating the relevant UK income or gainThe foreign tax reduces the taxable amount rather than producing a direct tax credit.
Treaty Exemption / Exclusive Residence TaxationA particular DTA article gives exclusive taxing rights to one stateThis is not the same thing as UK FTCR; the treaty must be read to determine whether the source state was entitled to tax.

TIOPA 2010: Correct Statutory Framework

The original statutory references were incorrectly assigned. HMRC's current International Manual identifies TIOPA 2010 section 18 as the authority for credit relief where an applicable DTA provides credit, while TIOPA 2010 section 9 provides the authority for unilateral relief. Section 9 also sets out the source and corresponding-tax requirements for unilateral credit relief. Deduction relief is dealt with separately under TIOPA provisions including sections 112 and 113.

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The original page's TIOPA section references should not be retained.
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TIOPA s9 is particularly important for unilateral relief.
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TIOPA s18 is relevant to treaty credit relief.
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The tax applicable to the foreign payment and the exact treaty must be identified before selecting a relief route.
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Credit and deduction treatment cannot normally both be claimed for the same foreign tax on the same item.
ProvisionPurposeCorrect Treatment
TIOPA 2010 s18DTA credit reliefGives effect to credit relief where the applicable treaty provides for it.
TIOPA 2010 s9Unilateral credit reliefProvides statutory credit relief where the foreign tax and source/correspondence conditions are met.
TIOPA 2010 s112 / s113Deduction of foreign taxCan provide deduction treatment in appropriate circumstances.
Relevant DTA credit articleTreaty-specific creditThe article number and wording vary by treaty and must be checked for the country concerned.

Foreign Tax Credit Relief: Core Eligibility Rules

HMRC's current guidance sets out several basic principles for foreign tax credit relief. The claimant will normally need to be UK resident for the year, the foreign tax must arise from a foreign source, the tax must be admissible for credit, and the credit must relate to the same profits, income or chargeable gains that are taxed in the UK. Credit is generally limited to the lesser of the admissible foreign tax and the UK tax attributable to the doubly taxed item.

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Source rule: credit is normally allowed for foreign tax paid in the country where the income or gain arises.
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Same-income rule: credit is generally calculated against UK tax on the same profits, income or gains.
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Residence rule: the claimant normally needs to be UK resident, subject to statutory exceptions.
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Admissibility rule: the foreign tax must qualify under the DTA or unilateral relief rules.
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Minimum-tax rule: credit is generally limited to the minimum foreign tax properly chargeable under foreign law and the applicable treaty.
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Credit-limit rule: credit is generally the lesser of qualifying foreign tax and UK tax attributable to the doubly taxed income or gain.

How the FTCR Calculation Works

The credit calculation must be performed by reference to the particular item of doubly taxed income or gain. HMRC's current HS263 guidance gives examples where foreign interest or dividends are separately identified and the UK tax attributable to the foreign item is compared with the foreign tax actually paid. Where more than one source is involved, a separate calculation is generally required rather than pooling all foreign tax and all foreign income into one figure.

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The UK tax attributable to the foreign item can be less than the taxpayer's overall UK tax liability.
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Foreign tax paid on one source is not normally interchangeable with foreign tax paid on another source.
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The UK calculation must be performed using UK tax rules to identify the doubly taxed income or gain.
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The foreign tax must qualify for credit; a tax merely described as 'withholding tax' is not automatically creditable.
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Capital gains use their own FTCR calculation guidance and should not simply be copied into the income calculation.

Foreign Tax Paid Above the UK Credit Limit

Where foreign tax exceeds the amount that can be credited against UK tax on the same doubly taxed item, the excess is not normally repayable by HMRC. It is also not generally available to be carried backwards or forwards against unrelated UK tax years or other income. However, HMRC identifies important statutory exceptions for certain eligible unrelieved foreign tax on dividends received by UK companies and certain overseas branch profits. A guide therefore should not state an absolute 'never carry forward' rule without qualification.

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Excess foreign tax is not normally converted into a UK tax refund.
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A taxpayer cannot generally transfer excess credit from one foreign income item to an unrelated UK income item.
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The general rule also prevents ordinary unused credit from being carried forward or backward to unrelated tax years.
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Eligible unrelieved foreign tax on certain UK-company dividends has special rules.
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Foreign tax on overseas branch profits can have separate carry-forward treatment where not all credit can be used in the relevant year.
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These exceptions are particularly important for company-level foreign tax calculations and should not be generalized to ordinary individual investment income.

Credit Relief vs Deduction Relief

Credit relief and deduction relief operate differently. Credit relief reduces the UK tax charge directly, subject to the applicable limits. Deduction relief instead reduces the amount of income or gain subject to UK tax. HMRC's current guidance states that foreign tax paid on a particular item cannot normally be relieved partly by credit and partly by deduction. However, credit can be used for one item while deduction treatment can apply to foreign tax on a different item where the statutory conditions are satisfied.

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Credit relief will often be more valuable where the UK tax attributable to the foreign item is high enough to absorb the credit.
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Deduction treatment can sometimes be relevant where credit is restricted or unavailable.
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A taxpayer should compare the legally available outcomes rather than automatically labelling one route as universally better.
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The election/claim mechanics depend on the specific statutory provision and tax type.
MethodEffectImportant Point
Credit ReliefReduces UK tax directlyGenerally capped by UK tax attributable to the same doubly taxed income or gain.
Deduction ReliefReduces taxable income or gainThe tax is treated through the relevant calculation rather than being a direct pound-for-pound credit.
Credit + Deduction on Same ItemGenerally not permittedThe same foreign tax cannot normally be relieved twice.
Credit on Item A + Deduction on Item BCan be possibleDifferent items can be treated under different relief mechanisms where the rules permit.

Foreign Tax Credit Relief for Capital Gains

Foreign tax credit relief also applies to qualifying foreign taxes imposed on capital gains that are taxed in the UK. HMRC's International Manual confirms that TIOPA 2010 provides the basis for credit relief against UK Capital Gains Tax where foreign tax is charged on the same gain. Capital-gains relief should be calculated using the UK gain and the foreign tax attributable to that same gain, with the applicable UK credit limit.

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A qualifying foreign capital-gains tax can potentially be credited against UK CGT.
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The foreign tax must relate to the same gain that is taxed in the UK.
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The UK gain should be calculated under UK CGT rules before determining the credit limit.
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The credit cannot generally exceed the UK CGT attributable to the doubly taxed gain.
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SA106/HS261 mechanisms should be distinguished from the SA108 capital-gains reporting itself.
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Treaty Article 13 or an equivalent treaty provision may determine whether the source country was entitled to tax the gain in the first place.

Unilateral Relief When There Is No Effective Treaty Relief

Unilateral relief is available under UK law in defined circumstances. HMRC states that TIOPA 2010 section 9 can provide credit for foreign taxes that are charged on income or chargeable gains in the foreign territory and correspond to UK Income Tax, Corporation Tax or Capital Gains Tax. Unilateral relief can apply where the UK has no applicable DTA, but it can also apply where an existing agreement does not cover the relevant category of income or foreign tax. Specific source, residence, correspondence and credit-limit conditions remain important.

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The absence of a DTA is one route into unilateral relief, but it is not the only one.
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A DTA that does not cover the relevant tax or income category does not necessarily eliminate all possibility of UK unilateral relief.
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The foreign tax must correspond to a qualifying UK tax.
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Local/provincial/municipal foreign taxes can qualify in defined circumstances under section 9.
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Turnover taxes and other taxes that do not perform the required income-tax/corporation-tax function are not automatically admissible.
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The same source, same-income and credit-limit principles remain important.

Treaty-Consistent Tax vs Excess Foreign Tax

Before claiming UK credit relief, a taxpayer should establish whether the foreign country was actually entitled to charge the amount under the relevant treaty. Where a treaty caps source-country tax at, for example, 10% but the payer withheld 20%, the additional 10% is not automatically a UK-creditable amount. The taxpayer may first need to seek a refund from the foreign tax authority. UK credit relief is generally based on the minimum foreign tax properly chargeable under foreign law and the treaty.

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A payer's withholding calculation is not conclusive evidence that the full amount is creditable in the UK.
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Treaty-reduced rates should be checked before calculating the UK credit.
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Where excess foreign tax has been withheld, a foreign refund claim can be necessary.
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The UK minimum-foreign-tax rule prevents taxpayers from simply treating treaty-inconsistent excess tax as qualifying credit.
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Keep foreign withholding certificates, treaty-residence evidence and refund correspondence.

SA106, Online Self Assessment and HMRC Claim Mechanics

For paper Self Assessment, SA106 (Foreign) is used to record foreign income and gains and claim foreign tax credit relief where applicable. HMRC's 2026 SA106 publication specifically states that the supplementary pages are used for declaring foreign income and gains and claiming FTCR. Online Self Assessment uses the equivalent digital questions and calculation rather than requiring the taxpayer to upload or file a paper SA106 as a separate form.

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The 2026 SA106 form and notes are available from GOV.UK.
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Paper filers use SA106 together with the SA100 where the foreign section is required.
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The online return uses the foreign-income questions and HMRC's digital FTCR calculation.
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Foreign capital gains have separate capital-gains reporting and supporting calculation requirements.
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The taxpayer should enter foreign tax actually paid or otherwise qualifying according to the current HMRC instructions.
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If a DTA requires a different treatment from the domestic foreign-tax position, the treaty should be checked before finalising the claim.

Claim Time Limits, Records and Corrections

Foreign tax can sometimes be paid after the UK return has already been filed. HMRC therefore has specific rules governing claims for credit relief and correction of claims. A taxpayer should keep evidence of foreign tax paid, the underlying foreign income or gain, exchange-rate calculations where relevant, treaty residence and any foreign refund claims. The claim should also be checked against the applicable statutory and Self Assessment amendment time limits.

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Keep foreign tax assessments, withholding certificates and payment evidence.
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Keep calculations showing the UK tax attributable to the doubly taxed item.
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Keep evidence supporting treaty residence and treaty eligibility where a reduced source tax rate is claimed.
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Where foreign tax is later refunded, the UK credit position may need to be adjusted.
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Foreign tax credit claims have statutory time-limit rules; they should not be treated as open-ended claims.
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The correct tax year must be identified where foreign tax is paid after the income was taxed in the UK.

Practical 2026 Double-Tax Relief Workflow

A reliable DTR calculation should begin by identifying the exact foreign income or gain and the tax year. Next determine the foreign source, the foreign tax actually imposed, the UK tax treatment, and whether a DTA applies. If a treaty applies, identify its taxes-covered and credit/elimination article. If no treaty relief applies, test unilateral relief. Then calculate the UK tax attributable to the same income or gain, apply the foreign-tax credit limit and choose the appropriate reporting route.

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Step 1: identify the foreign income or gain and UK tax year.
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Step 2: determine the source country and source of the income or gain.
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Step 3: identify the foreign tax actually charged and paid.
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Step 4: check the relevant DTA and its taxes-covered article.
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Step 5: identify the treaty's specific taxing-right and credit/elimination provisions.
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Step 6: determine whether unilateral relief is needed or available.
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Step 7: calculate the UK tax attributable to the same doubly taxed item.
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Step 8: apply the lesser-of-foreign-tax/UK-tax credit limitation.
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Step 9: test whether deduction relief or a foreign refund is more appropriate where credit is unavailable or restricted.
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Step 10: complete SA106/online foreign reporting and any relevant capital-gains reporting.
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Step 11: retain foreign-tax and treaty-residence evidence.
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Step 12: update the UK claim if foreign tax is later refunded or adjusted.

Frequently Asked Questions (6)

FTCR is a form of UK double-tax relief that can reduce UK Income Tax, Corporation Tax or Capital Gains Tax for qualifying foreign tax imposed on the same profits, income or gains. The foreign tax must be admissible under the relevant DTA or unilateral-relief rules, and the credit is generally limited to the lesser of the qualifying foreign tax and the UK tax attributable to the same doubly taxed item. It is therefore not an automatic pound-for-pound refund of every foreign tax payment.

Potentially, yes. TIOPA 2010 section 9 provides the statutory basis for unilateral relief where the foreign tax meets the required conditions. However, unilateral relief is not limited to countries with no treaty: it can also apply where an existing DTA does not cover the relevant category of income or foreign tax. The foreign tax must correspond to a qualifying UK tax and satisfy the applicable source, income/gain and credit-limit rules.

The UK credit is generally capped at the UK tax attributable to the same doubly taxed income or gain. For example, if £1,000 of admissible foreign tax is paid but only £700 of UK tax is attributable to that same item, the normal maximum UK credit is £700. The excess £300 is not normally refunded by HMRC. Special rules can apply to certain UK-company dividends and overseas branch profits.

For ordinary individual foreign income, excess foreign tax that cannot be credited against UK tax on the same income is generally not carried forward or backward to unrelated tax years. HMRC does, however, identify exceptions for certain eligible unrelieved foreign tax on dividends received by UK companies and for certain overseas branch profits. Therefore an absolute 'never carry forward or backward' statement is too broad.

For paper Self Assessment, SA106 (Foreign) is used to record foreign income and gains and claim foreign tax credit relief where applicable. The 2026 SA106 and notes are published by HMRC. Online Self Assessment uses the corresponding foreign-income questions and digital FTCR calculation rather than requiring a separate paper SA106 submission. Foreign capital gains can also require the relevant capital-gains reporting and calculation.

No. The two mechanisms work differently. Credit relief directly reduces UK tax subject to the applicable credit limit, while deduction relief reduces the taxable income or gain. Credit will often be preferable where there is sufficient UK tax to absorb the credit, but the correct outcome depends on the particular income, foreign tax, UK tax position and statutory rules. You generally cannot claim both credit and deduction for the same foreign tax on the same item.
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2026 TAX SNAPSHOT

Standard Personal Allowance
£12,570
Standard allowance; specialist and Scottish rules can differ.
England / Wales / Northern Ireland Basic-Rate Band
£37,700
£50,270 including the standard £12,570 Personal Allowance.
4-Year FIG Regime
Maximum 4 tax years
Available to qualifying new UK residents after at least 10 years of non-UK residence.
IHT Long-Term UK Residence
10 of previous 20 years
Overseas-asset exposure can continue for 3–10 years after leaving, depending on residence history.

Summary Takeaways & Checklist

  • UK double-tax relief can arise under a DTA, under unilateral relief rules or, in some cases, through deduction treatment.
  • There is no universal 'Article 23' for UK treaty credit relief; the applicable treaty's taxes-covered and credit/elimination article must be checked.
  • TIOPA 2010 section 18 is relevant to treaty credit relief, while section 9 provides the statutory basis for unilateral relief.
  • Unilateral relief can apply where there is no applicable DTA and in some cases where an existing DTA does not cover the relevant income or foreign tax.
  • FTCR generally requires the foreign tax to be admissible and to relate to the same profits, income or gains taxed in the UK.
  • The credit is generally limited to the lesser of admissible foreign tax and the UK tax attributable to the same doubly taxed income or gain.
  • Foreign tax above the UK credit limit is not normally refundable by HMRC and generally cannot be carried to unrelated years, subject to specific corporate/dividend and overseas-branch exceptions.
  • Credit and deduction relief are different mechanisms and generally cannot both be used for the same foreign tax on the same item.
  • Foreign capital gains have separate FTCR and reporting considerations.
  • Paper Self Assessment taxpayers use SA106 for relevant foreign income/gain and FTCR reporting, while online taxpayers use the corresponding digital process.