SCHEDULES
SCHEDULE 14Corporation tax treatment of company distributions
Part 2Other amendments
11ICTA
1
Paragraph 2 of Schedule 23A (manufactured dividends on UK equities: general) is amended as follows.
2
After sub-paragraph (1) insert—
1A
Sub-paragraphs (1C) to (1E) apply where—
a
a manufactured dividend is paid by a dividend manufacturer, and
b
the dividend of which the manufactured dividend is representative is taxable.
1B
For this purpose a dividend is “taxable” if—
a
it is received by the dividend manufacturer and the charge to corporation tax on income applies to it, or
b
it is received by a person other than the dividend manufacturer and the charge to corporation tax on income would have applied to it if it had been received by the dividend manufacturer.
1C
Where the dividend manufacturer carries on a trade to which the manufactured dividend relates, and neither sub-paragraph (1D) nor (1E) applies, the manufactured dividend is to be treated as an expense of the trade.
1D
Where the dividend manufacturer has investment business to which the manufactured dividend relates, the manufactured dividend is to be treated as expenses of management of the business for the purposes of Part 16 of CTA 2009.
1E
Where the dividend manufacturer carries on life assurance business to which the manufactured dividend relates, the manufactured dividend is to be treated as if, to the extent that it is referable to basic life assurance and general annuity business, it were an expense payable falling to be brought into account at step 3 of section 76(7).
1F
For the purposes of sub-paragraph (1E), the manufactured dividend is to be treated as referable to basic life assurance and general annuity business to the extent that the dividend of which it is representative—
a
is received by the dividend manufacturer and is so referable by virtue of section 432A, or
b
is received by a person other than the dividend manufacturer, and would have been so referable by virtue of section 432A if it had it been received by the dividend manufacturer.
3
In sub-paragraph (2), omit paragraph (b) (and the “and” before it).
4
After sub-paragraph (3) insert—
3A
In its application in relation to a manufactured dividend by virtue of sub-paragraph (2) or (3), Part 9A of CTA 2009 (company distributions) has effect subject to the following modification.
3B
The modification is that—
a
the definition of “the payer” in section 931T is to be treated as omitted, and
b
references in that Part to the payer are to be treated as references to the company that pays the dividend of which the manufactured dividend is representative.