Taxation (International and Other Provisions) Act 2010

61Calculation if section 58 does not applyU.K.
This section has no associated Explanatory Notes

A calculation under this section (see section 57(2)(b)) is as follows—

  • Step 1 Calculate the amount of the foreign tax borne on the relevant profits by the body corporate paying the dividend.

  • Step 2 Calculate how much of that amount is properly attributable to the proportion of the relevant profits represented by the dividend.

  • Step 3 If under the law of the non-UK territory the dividend has been increased for tax purposes by an amount to be—

    • set off against the recipient's own tax under that law, or

    • paid to the recipient so far as it exceeds the recipient's own tax under that law,

    calculate the amount of the increase.

  • Step 4 The amount of underlying tax to be taken into account as a result of the provision mentioned in section 57(1) is the amount given by the calculation at Step 2 but reduced by any amount calculated at Step 3.