49(1)Income of a tonnage tax company consisting in a dividend or other distribution of an overseas company is relevant shipping income if the following conditions are met.
(2)The conditions are—
(a)that the overseas company operates qualifying ships;
(b)that more than 50% of the voting power in the overseas company is held by a company resident in a member State, or that two or more companies each of which is resident in a member State hold in aggregate more than 50% of that voting power;
(c)that the 75% limit is not exceeded in relation to the overseas company in any accounting period in respect of which the distribution is paid;
(d)that all the income of the overseas company is such that, if it were a tonnage tax company, it would be relevant shipping income;
(e)that the distribution is paid entirely out of profits arising at a time when—
(i)the conditions in paragraphs (a) to (d) were met, and
(ii)the tonnage tax company was subject to tonnage tax; and
(f)the profits of the overseas company out of which the distribution is paid are subject to a tax on profits (in the country of residence of the company or elsewhere, or partly in that country and partly elsewhere).
(3)For the purposes of sub-paragraph (2)(c) the “75% limit” is the requirement set out in paragraph 37 (requirement that not more than 75% of tonnage is chartered in) as it applies to a single company.
(4)In this paragraph an “overseas company” means a company that is not resident in the United Kingdom.