INTM164020 - UK residents with foreign income or gains: dividends
Dividend articles in double taxation agreements
The wording of the dividend Articles in the United Kingdom's
double taxation agreements can be divided broadly into two types.
a) The country of which the company paying the dividend is a
resident is not entitled to impose any tax on the shareholder who
is a resident of the other country which is additional to the tax
charged on the profits of the company. Agreements of this type are
mainly those with former colonies of the United Kingdom which
continue to have the `classical' system of taxation of company
profits and dividends, that is the system which was in force in the
United Kingdom before FA 1965. Tax may appear to have been deducted
from the dividend but such tax is normally
company tax deducted (see
INTM164010 paragraph (e)).
b) The country of which the company paying the dividend is a
resident is entitled to impose a tax on the shareholder who is a
resident of the other country. The rates of tax are specified in
the dividend Article and there are normally different rates
depending on whether the recipient is an individual or a company
controlling directly or indirectly less than a specified percentage
of the voting power in the company paying the dividend, or a
company controlling more than a specified percentage of the voting
power in the foreign company. Such tax is a
direct tax (see
INTM164010 paragraph (c)) and is
usually described as a withholding tax. The rates in each agreement
are given in DT2100 onwards.
In some agreements the dividend Article requires that the
recipient is subject to tax (see
INTM162020) on the dividend in the
country of which he is a resident before the rate of tax laid down
in the agreement is applied. If he is not subject to tax then the
country of which the company paying the dividend is a resident may
charge the dividend in accordance with its own domestic law.
Many countries with which the United Kingdom has no double
taxation agreement impose a tax on dividends paid to non-resident
shareholders. Such taxes are normally
direct taxes (see
INTM164010 paragraph (c)). If there is
any doubt as to whether such a tax is a direct tax refer to Central
Policy, Tax Treaty Team, FAO Technical Specialist.
Many agreements also provide for relief for underlying tax
attributable to dividends (see
INTM164100).
The credit Articles in double taxation agreements with
Guernsey, Jersey and the Isle of Man specifically prohibit any tax
credit relief for tax deducted from dividends paid by companies
resident in those territories.
