INTM211180 - Reliefs against Controlled Foreign Companies' tax
Modifications to double taxation rules
ICTA88/SCH26/PARA5(1) and (2)
There are two modifications made to the normal double taxation relief rules for the purposes of relief for 'gross attributed tax'. The first modification concerns the rule in ICTA88/S801(5) which has the effect that underlying tax credit relief is only available if the company receiving the dividend controls, or is a subsidiary of a company which controls, at least 10% of the voting power in the company paying the dividend. ICTA88/SCH26/PARA5(1) removes this restriction in relation to a dividend paid to a company resident (or assumed to be resident) in the United Kingdom. It provides that where any provision in
- the unilateral double taxation relief rules, or
- a double taxation agreement,
makes underlying tax credit relief conditional on the company in receipt of the dividend either
- having a particular degree of control of the company paying the dividend, or
- being a subsidiary of a company which has a particular degree of control of the company paying the dividend,
that condition is treated as satisfied for the purposes of
ICTA88/SCH26/PARA4(2). There is, however, no change in the basic
rule that underlying relief can only be claimed by companies and
not, for example, by individuals.
The second modification concerns the rule in
ICTA88/S795(2)(b) that the amount of income represented by a
dividend in respect of which underlying tax credit relief is
available is increased by the amount of the underlying tax. This
rule does not apply to “gross attributed tax”.
Accordingly a dividend derived from a controlled foreign company is
grossed up by reference to any foreign taxes which qualify for
credit relief as underlying tax but not in respect of any tax
charged under Chapter IV in respect of its profits. The distinction
is made because foreign taxes reduce the funds of the controlled
foreign company where Chapter IV tax does not.
Example 4 at
INTM211220 illustrates these
modifications.
