C1C2C3PART VI COMPANY DISTRIBUTIONS, TAX CREDITS ETC
Pt. 6 modified by Gas Act 1986 (c. 44), s. 60(3) (as substituted (with effect in accordance with s. 105(1) of the amending Act) by Finance Act 1996 (c. 8), Sch. 14 para. 4 (with Sch. 15))
Pt. 6 modified by British Steel Act 1988 (c. 35), s. 11(7) (as substituted (with effect in accordance with s. 105(1) of the amending Act) by Finance Act 1996 (c. 8), Sch. 14 para. 55 (with Sch. 15))
C4Chapter VA Foreign Income Dividends
Pt. 6 Ch. 5A modified (retrospective to 8.10.1996) by Finance Act 1997 (c. 16), Sch. 7 para. 2(1)(3)
F1 Election by company paying dividend
Pt. 6 Ch. 5A (ss. 246A-246Y) inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 1
246A Election by company paying dividend.
C51
Where a company F2resident in the United Kingdom pays a dividend, the dividend shall be treated as a foreign income dividend for the purposes of this Chapter if the company elects for it to be so treated in accordance with this section and section 246B.
2
An election may not be made under this section as regards a dividend unless the dividend is paid, or to be paid, in cash.
F32A
An election under this section cannot be made as regards a distribution which already falls to be treated as a foreign income dividend by virtue of paragraph 2(1) of Schedule 7 to the Finance Act 1997.
3
An election may not be made under this section as regards a dividend which is paid, or to be paid, to a person by virtue of his holding a share in respect of which there are arrangements for the holder to choose whether, or in what form, dividends are to be paid; and the arrangements may be for the holder to choose to be paid a dividend by a company other than the one which issued the share.
4
Where at a given time—
a
a company pays one dividend in respect of each of two or more shares of the same class, and
b
payment is on the same terms as respects all the shares involved,
an election may not be made under this section as regards any of the dividends unless an election is made as regards each of the dividends.
5
Where at a given time—
a
a company pays two or more dividends in respect of each of two or more shares of the same class, and
b
payment is on the same terms as respects all the shares involved,
an election may not be made under this section as regards any one of the dividends in respect of a given share unless an election is also made as regards the corresponding dividend in respect of each of the other shares involved.
6
Subject to subsection (7) below, a company which has more than one class of share capital may not make an election under this section as regards any dividend.
7
In a case where—
a
a company has more than one class of share capital,
b
at a given time the company pays a dividend in respect of each share of each such class, and
c
all of those dividends are paid on the same terms,
the company may elect that each of those dividends is to be treated as a foreign income dividend.
8
For the purposes of subsection (7) above a dividend is paid on the same terms as another dividend if the relevant proportion in the case of each dividend is the same; and the relevant proportion, in relation to a dividend, is the proportion which the amount of the dividend bears to the nominal value of the share in respect of which the dividend is paid.
9
For the purposes of subsections (6) and (7) above fixed-rate preference shares shall not be treated as constituting a class of share capital; and “fixed-rate preference shares” shall be construed in accordance with F4paragraph 13(6) of Schedule 28B.
10
Where an election is made under this section as regards a dividend in respect of which an election is in force under section 247(1)—
a
the election under this section shall have effect as if it were also a notice to the collector under section 247(3) stating that the paying company does not wish the election under section 247(1) to have effect in relation to the dividend as regards which the election under this section is made;
b
if the election under this section is revoked, the revocation shall have effect as if it were also a revocation of the notice deemed by paragraph (a) above;
c
the notice deemed by paragraph (a) above may not be revoked otherwise than as mentioned in paragraph (b) above;
d
if the notice deemed by paragraph (a) above is revoked it shall be treated as never having been made.
Pt. 6 modified by Airports Act 1986 (c. 31), s. 77(3) (as substituted (with effect in accordance with s. 105(1) of the amending Act) by Finance Act 1996 (c. 8), Sch. 14 para. 3 (with Sch. 15))