Income and Corporation Taxes Act 1988

[F1 806J Interpretation of foreign dividend provisions of this Chapter. U.K.

(1) This section has effect for the interpretation of the foreign dividend provisions of this Chapter.

(2) In this section, “the foreign dividend provisions of this Chapter” means sections 806A to 806H and this section.

(3) For the purposes of the foreign dividend provisions of this Chapter, where—

(a) one company pays a dividend (“dividend A”) to another company, and

(b) that other company, or a company which is related to it, pays a dividend (“dividend B”) to another company,

dividend B represents dividend A, and dividend A is represented by dividend B, to the extent that dividend B is paid out of profits which are derived, directly or indirectly, from the whole or part of dividend A.

(4) Where—

(a) one company is related to another, and

(b) that other is related to a third company,

the first company shall be taken for the purposes of paragraph (b) of subsection (3) above to be related to the third, and so on where there is a chain of companies, each of which is related to the next.

(5) In any case where—

(a) a company resident outside the United Kingdom pays a dividend to a company resident in the United Kingdom, and

(b) the circumstances are such that subsection (6)(b) of section 790 has effect in relation to that dividend,

the foreign dividend provisions of this Chapter shall have effect as if the company resident outside the United Kingdom were related to the company resident in the United Kingdom (and subsection (10) of that section shall have effect accordingly).

(6) Subsection (5) of section 801 (related companies) shall apply for the purposes of the foreign dividend provisions of this Chapter as it applies for the purposes of that section.

(7) In the foreign dividend provisions of this Chapter—

• “aggregated underlying tax” shall be construed in accordance with section 806C(4)(c);

• “aggregated withholding tax” shall be construed in accordance with section 806C(4)(d);

• “controlled foreign company” has the same meaning as in Chapter IV of Part XVII;

• “eligible unrelieved foreign tax” shall be construed in accordance with sections 806A and 806B;

• “the mixer cap” means section 799(1)(b);

• “qualifying foreign dividend” has the meaning given by section 806C(1);

• “related qualifying foreign dividend” has the meaning given by section 806C(2)(a);

• “relievable tax” has the meaning given by section 806E(6);

• “relievable underlying tax” shall be construed in accordance with 806D(3)(a);

• “relievable withholding tax” shall be construed in accordance with 806D(3)(b);

• “single related dividend” shall be construed in accordance with section 806C(4)(a);

• “single unrelated dividend” shall be construed in accordance with section 806C(4)(b);

  “the upper percentage" is 45 per cent.]

Textual Amendments

F1 Ss. 806A-806H, 806J and cross-heading inserted (with effect in accordance with Sch. 30 para. 21(2) of the amending Act) by Finance Act 2000 (c. 17), Sch. 30 para. 21(1)