Part 15Deduction of income tax at source

Chapter 6Deduction from annual payments and patent royalties

Supplementary

904Annual payments for dividends or non-taxable consideration

1

For the purposes of section 899(5)(f) and 903(2)(b) this section applies to an annual payment which meets the conditions in subsections (2) to (7).

2

The payment must be a payment charged to—

a

income tax under Part 5 of ITTOIA 2005, or

b

corporation tax under Case III of Schedule D.

3

The payment must be made under a liability incurred for consideration in money or money’s worth all or any of which—

a

consists of a dividend or the right to receive a dividend, or

b

is not required to be brought into account in calculating for the purposes of income tax or corporation tax the income of the person making the payment.

4

The payment must not be a payment of income—

a

which arises under a settlement made by one party to a marriage or civil partnership by way of provision for the other—

i

after the dissolution or annulment of the marriage or civil partnership, or

ii

while they are separated under an order of a court, or under a separation agreement, or if the separation is likely to be permanent, and

b

which is payable to, or applicable for the benefit of, the other party.

5

The payment must not be made by an individual for genuine commercial reasons in connection with the individual’s trade, profession or vocation.

6

The payment must not be made to an individual under a liability incurred at any time in consideration of the individual surrendering, assigning or releasing an interest in settled property to or in favour of a person with a subsequent interest.

7

The payment must not be a payment of an annuity granted in the ordinary course of a business of granting annuities.

8

In the application of this section to Scotland the reference in subsection (6) to settled property is to be read as a reference to property held in trust.

905Interpretation of Chapter

In this Chapter “individual” includes a Scottish partnership if at least one partner is an individual.