Part 17Manufactured payments and repos

Chapter 3Manufactured overseas dividends

794Company receiving manufactured overseas dividend from foreign payer

1

This section applies if—

a

a person pays a manufactured overseas dividend,

b

section 923(1) of ITA 2007 (foreign payers of manufactured overseas dividends: the reverse charge) applies, and

c

the amount of income tax required to be accounted for and paid under that section has been accounted for and paid.

2

Subsections (3) and (4) apply in relation to the recipient, and companies claiming title through or under the recipient, for all purposes of the Corporation Tax Acts except Part 5 of CTA 2009 (loan relationships).

3

The manufactured overseas dividend is treated as if it were—

a

an overseas dividend of an amount equal to the gross amount of the manufactured overseas dividend, but

b

paid after the withholding from it, on account of overseas tax, of the amount accounted for and paid as a result of section 923 of ITA 2007.

4

The amount mentioned in subsection (3)(b) is accordingly to be treated as an amount withheld on account of overseas tax instead of as an amount on account of income tax.

5

Subsections (3) and (4) are subject to—

a

section 797 (manufactured overseas dividends: amounts exceeding underlying payments), and

b

section 798 (manufactured overseas dividends less than underlying payments).