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HMRC internal manual

International Manual

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HM Revenue & Customs
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Reliefs against Controlled Foreign Companies' tax: Modifications to double taxation rules

ICTA88/SCH26/PARA5(1) and (2)

  • 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 TIOPA10/S31(2) 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 INTM256320 illustrates these modifications.