INTM164515 - UK residents with foreign income or gains: dividends

Determination of rates of foreign underlying tax - Case V - tax spared - example

Tax `spared'. Where credit is to be given for tax `spared' (see INTM161270) two underlying rates are calculated

i) the actual rate, taking into account any tax paid for the purpose of calculating the gross dividend (ICTA88/S795 (3) ) and,

ii) the deemed rate, taking also into account the tax which would have been taken into account had it been payable but for the `sparing' provisions.

The starting point for the Case V computation is the dividend received by the shareholder.

Example

The overseas country makes taxable profits of 157,894. These are subject to tax of 5%. If they had not qualified under the specific provision for tax spared in the double taxation agreement they would have been taxed at 25%.

Dividend received150,000
Agreed underlying rates Actual 5% Deemed 25% (including the actual tax rate of 5%)

Case V computation

Dividend150,000
Gross at actual underlying rate (5%)7,894
Case V income157,894
 
Corporation Tax at 30%47,362
Less deemed underlying tax (including actual tax) (£157,894 at 25%)39,474
  
Net Corporation Tax payable7,888