PART XVII TAX AVOIDANCE
CHAPTER II TRANSFERS OF SECURITIES
Miscellaneous provisions relating to securities
F1737C Deemed manufactured payments: further provisions.
(1)
This section applies where section 737A applies.
(2)
Subsection (3) below applies where—
(a)
the dividend mentioned in section 737A(2)(a) F2or (2A)(a) is a dividend on United Kingdom equities, and
(b)
by virtue of section 737A(5), F3. . . paragraph 2 of Schedule 23A applies, in relation to the payment which is treated under section 737A(5) as having been made;
and in subsection (3) below “the deemed manufactured dividend” means that payment.
(3)
Where this subsection applies—
(a)
the amount of the deemed manufactured dividend shall be taken to be an amount equal to the amount of the dividend mentioned in section 737A(2)(a) F2or (2A)(a);
(4)
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
Subsection (8) below applies where—
(a)
the dividend mentioned in section 737A(2)(a) F2or (2A)(a) is a periodical payment of interest on United Kingdom securities, and
(b)
by virtue of section 737A(5), paragraph 3 of Schedule 23A applies in relation to the payment which is treated under section 737A(5) as having been made F8. . . ;
and in subsection (8) below “the deemed manufactured interest” means the payment referred to in paragraph (b) above.
(8)
Where this subsection applies—
F9(a)
the amount which by virtue of section 737A(5) is taken to be the gross amount of the deemed manufactured payment for the purposes of paragraph 3 of Schedule 23A shall be taken to be the gross amount of the deemed manufactured interest for the purposes of this section;
(b)
any deduction which, by virtue of F10that paragraph, is required to be made out of the gross amount of the deemed manufactured interest shall be deemed to have been made.
(9)
(10)
Subsection (11) below applies where—
(a)
the dividend mentioned in section 737A(2)(a) F2or (2A)(a) is an overseas dividend, and
(b)
by virtue of section 737A(5), paragraph 4 of Schedule 23A applies in relation to the payment which is treated under section 737A(5) as having been made;
and in subsection (11) below “the deemed manufactured overseas dividend” means that payment.
(11)
Where this subsection applies—
(a)
the gross amount of the deemed manufactured overseas dividend shall be taken to be the amount found under paragraph 4(5)(b) and (c) of Schedule 23A;
(b)
any deduction which, by virtue of paragraph 4 of Schedule 23A, is required to be made out of the gross amount of the deemed manufactured overseas dividend shall be deemed to have been made;
(c)
the repurchase price of the securities shall be treated, for the purposes of F4section 730A, as increased by the gross amount of the deemed manufactured overseas dividend.
F12(11A)
The deemed increase of the repurchase price which is made for the purposes of section 730A by subsection (3)(b), (9) or (11)(c) above shall also have effect—
(a)
for all the purposes of the Tax Acts, other than section 737A, and
(b)
in cases where section 263A of the 1992 Act does not apply, for the purposes of the 1992 Act,
wherever in consequence of that increase there is for the purposes of section 730A no difference between the sale price and the repurchase price F13or where that section is prevented from applying by subsection (8) of that section.
F14(11B)
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)
In this section—
(a)
“United Kingdom equities”, “United Kingdom securities” and “overseas dividend” have the meanings given by paragraph 1(1) of Schedule 23A;
(b)
“the repurchase price of the securities” shall be construed in accordance with section 737B(4).