Dividends paid out of transferred profitsU.K.
12(1)After section 801A of the Taxes Act 1988 insert—U.K.
“801B Dividends paid out of transferred profits.
(1)This section applies where—
(a)a company (“company A”) resident outside the United Kingdom has paid tax under the law of a territory outside the United Kingdom in respect of any of its profits;
(b)some or all of those profits become profits of another company resident outside the United Kingdom (“company B”) otherwise than by virtue of the payment of a dividend to company B; and
(c)company B pays a dividend out of those profits to another company (“company C”), wherever resident.
(2)Where this section applies, this Part shall have effect, so far as relating to the determination of underlying tax in relation to any dividend paid—
(a)by any company resident outside the United Kingdom (whether or not company B),
(b)to a company resident in the United Kingdom,
as if company B had paid the tax paid by company A in respect of those profits of company A which have become profits of company B as mentioned in subsection (1)(b) above.
(3)But the amount of relief under this Part which is allowable to a company resident in the United Kingdom shall not exceed the amount which would have been allowable to that company had those profits become profits of company B by virtue of the payment of a dividend by company A to company B.”
(2)This paragraph has effect in relation to any claim for credit, under any arrangements, in respect of underlying tax in relation to a dividend paid on or after 21st March 2000 by a company resident outside the United Kingdom to a company resident in the United Kingdom.