(1)Where any arrangements [F1which have effect under section 2(1) of the Taxation (International and Other Provisions) Act 2010] provide —
(a)for persons who are resident outside the United Kingdom and who receive distributions from companies resident in the United Kingdom to be entitled totax credits, and
(b)for the amount paid to such a person by way of tax credit to be determined by reference to the amount to which an individual resident in the United Kingdom would have been entitled, subject to a deduction calculated by reference to the aggregate of the amount or value of the distribution and the amount of the tax credit paid,
the arrangements shall be construed as providing for that deduction to be calculated by reference to the gross amount or value of the distribution and tax credit, without any allowance for the deduction itself.
(2)This section shall have effect in relation to payments made before the passing of this Act as well as those made after that time, except that it shall not affect—
(a)the judgment of any court given before 25th October 1988, or
(b)the law to be applied in proceedings on appeal to the Court of Appeal or the House of Lords where the judgment of the High Court or the Court of Session which is in issue was given before that date.
Textual Amendments
F1Words in s. 115(1) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 38 (with Sch. 9 paras. 1-9, 22)