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3.—(1) Amend regulation 3(1) (prescribed rates of relevant withholding tax) as follows.
(2) In paragraph (1) for “paragraph (4)” substitute “paragraphs (5) and (6)”.
(3) Add the following paragraphs at the end—
“(5) Where the recipient of the manufactured overseas dividend is a company, the reference in paragraph (1) to the highest rate is a reference to the highest rate that would have applied in relation to the overseas dividend specified in paragraph (1)(a) paid to a company which is within paragraphs (i) to (iii) of that paragraph.
(6) Where the manufactured overseas dividend—
(a)is paid to, or for the benefit of, a registered pension scheme (within the meaning given in Part 4 of the Finance Act 2004)(2), or
(b)is linked solely to pension business for the purposes of section 438 of the Taxes Act(3) at the time that the payment is made,
the reference in paragraph (1) to the highest rate is a reference to the rate that would have been suffered by the recipient in relation to the overseas dividend of which that manufactured overseas dividend is representative.”.
Regulation 3 was amended by S.I. 2003/2582.
Section 438 was amended by paragraph 6 of Schedule 3 to the Finance (No. 2) Act 1997 (c. 58), by paragraph 9(1)(a) of Schedule 7 and Part 3 of Schedule 42 to the Finance Act 2004 (c. 12), and by S.I. 2001/3629.
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