Commentary on Sections Overview Section 229: Modifications of agreement for double taxation purposes
449.This section provides that mutual agreements under a DTA take precedence over APAs. It is based on section 86(3) and (10) of FA 1999.
450.“Mutual agreement” is undefined in the Taxes Acts but considered to have the same meaning as in section 124 (section 815AA of ICTA) where it refers to agreements between the United Kingdom and an authority in a territory with which the United Kingdom has a DTA. Such agreements are envisaged in Article 25 of the OECD Model Tax Convention.