INTM164350 - UK residents with foreign income or gains: dividends
Unilateral relief - direct tax
ICTA88/S790 (5)(c)
Allow unilateral relief to
portfolio shareholders and
direct investors for
direct tax charged on a dividend. See the glossary
at
INTM164010 for the meaning of these
terms.
ICTA88/S790 (5)(c)(i) allows tax credit relief to a portfolio
shareholder only where the foreign tax is directly charged on the
dividend and the whole of such tax represents tax which neither the
company nor the recipient would have borne if the dividend had not
been paid.
Although the foreign tax deducted from a dividend may have
the appearance of being directly charged on the dividend and
therefore available for credit, it may be tax which is excluded
from credit because of the words in italics above: it in fact
represents the paying company's tax on its profits. Tax deducted
from dividends paid by Guernsey, Jersey and Isle of Man companies
is of this kind. Credit relief is not due but the foreign tax may
instead be deducted under ICTA88/S811 in arriving at the amount
chargeable to United Kingdom tax.
