Part 15Deduction of income tax at source

Chapter 9Manufactured payments

Manufactured overseas dividends

925Power to provide set-off entitlement

(1)

The Treasury may by regulations provide for a person who, in any prescribed period, pays a manufactured overseas dividend as mentioned in section 581(1) to be entitled—

(a)

to set off relevant amounts of tax suffered against relevant tax liabilities, and

(b)

to account to the Commissioners for Her Majesty's Revenue and Customs for the balance or claim credit in respect of it.

(2)

Regulations under this section may—

(a)

prescribe the circumstances in which relevant amounts of tax suffered may be set off against relevant tax liabilities, and

(b)

provide for relevant amounts of tax suffered to be set off against relevant tax liabilities in accordance with the regulations and so far as prescribed.

(3)

“Relevant amounts of tax suffered” are—

(a)

amounts of overseas tax in respect of overseas dividends received by the person in the prescribed period,

(b)

amounts of overseas tax charged on, or in respect of, the making of manufactured overseas dividends received by the person in the prescribed period, and

(c)

amounts—

(i)

deducted as a result of section 922, or

(ii)

accounted for and paid as a result of section 923,

from any manufactured overseas dividends received by the person in the prescribed period.

(4)

“Relevant tax liabilities” are sums due from the person on account of the amounts deducted by the person as a result of section 922 from the manufactured overseas dividends paid by the person in the prescribed period.

(5)

In this section—

“credit” includes credit against corporation tax, and

“prescribed” means prescribed in regulations under this section.