Part 17Manufactured payments and repos
Chapter 5Stock lending arrangements and repos
Deemed manufactured payments
812Deemed manufactured payments: stock lending arrangements
(1)
This section applies if—
(a)
there is a stock lending arrangement in respect of securities,
(b)
a dividend or interest on the securities is paid, as a result of the arrangement, to a person other than the person who is the lender under the arrangement, and
(c)
no provision is made for securing that the lender receives payments representative of the dividend or interest.
(2)
The rules about manufactured payments apply for corporation tax purposes as if the person who is the borrower under the arrangement—
(a)
were required, under the arrangement, to pay the lender an amount representative of the dividend or interest, and
(b)
discharged the requirement when the dividend or interest was paid.
(3)
But the borrower is not entitled (whether as a result of the rules about manufactured payments or otherwise) to—
(a)
a deduction in calculating profits or gains for corporation tax purposes, or
(b)
a deduction from total profits,
in respect of the deemed requirement to pay or the deemed payment.
(4)
In any case where section 792 (company receiving manufactured overseas dividend from UK resident etc) applies as a result of subsection (2), it has effect with the omission of—
(a)
paragraph (b) of subsection (3) (and the “but” immediately before that paragraph), and
(b)
subsection (4) (and the references to that subsection in subsections (2) and (5)).
(5)
In any case where section 794 (company receiving manufactured overseas dividend from foreign payer) applies as a result of subsection (2), it has effect with the omission of—
(a)
paragraph (b) of subsection (3) (and the “but” immediately before that paragraph), and
(b)
subsection (4) (and the references to that subsection in subsections (2) and (5)).
F1(5A)
Where section 792 or 794 has effect in accordance with subsection (4) or (5), nothing in the Tax Acts is to be read as having the effect that, in relation to the persons mentioned in section 792(2) or 794(2) for the purposes mentioned there, the amount that would otherwise have been treated as an amount withheld on account of overseas tax is to be regarded as an amount on account of income tax.
(6)
“The rules about manufactured payments” means—
(a)
Chapters 2 to 4 and regulations made under Chapter 2 or 4,
(b)
sections 808 to 810, and
(c)
Chapter 9 of Part 6 of CTA 2009 (manufactured interest etc).