OpenLegislation

Paragraph 2A

United Kingdom

(1)

Paragraph 2 above shall have effect in accordance with this paragraph to determine whether a controlled foreign company F1. . . pursues an acceptable distribution policy in respect of a particular accounting period (“the relevant accounting period”).

(2)

Subject to F2sub-paragraphs (4) and (4A) below, where the distribution condition is satisfied in relation to the relevant accounting period, then, in addition to any dividend which falls within paragraph 2(1)(a) above apart from this paragraph—

(a)

any dividend which is paid for the accounting period (“the preceding period”) F3immediately preceding the relevant accounting period and F4which is not an excluded dividend shall be treated as falling within that paragraph, and

(b)

if the distribution condition is satisfied in relation to the preceding period, any dividend which is paid for the accounting period immediately preceding the preceding period and which is not an excluded dividend shall be treated as falling within that paragraph,

and so on; and in this sub-paragraph “dividend” means a dividend not paid out of specified profits.

(3)

For the purposes of this paragraph, the distribution condition is satisfied in relation to any accounting period if—

(a)

a dividend or dividends are paid for the period to persons resident in the United Kingdom,

(b)

the amount or, as the case may be, aggregate amount of any dividends falling within paragraph (a) above is not less than—

(i)

the relevant profits for that period, or

(ii)

where paragraph 2(4) or (5) above applies (with the modifications of paragraph 2 made by sub-paragraph (5) below), the appropriate portion of those profits, and

(c)

any dividends falling within that paragraph are paid not later than the time by which any dividend paid for the relevant accounting period is required by paragraph 2(1)(b) above to be paid;

or if there are no relevant profits for the period.

(4)

Where, by reason only of the fact that a company pursued an acceptable distribution policy in respect of any accounting period (“the earlier period”) earlier than the relevant accounting period, F5no apportionment under section 747(3) fell to be made in respect of the earlier period, sub-paragraph (2) above shall apply to any dividend required to be taken into account for the purpose of showing that the company pursued an acceptable distribution policy in respect of the earlier period only to the extent (if any) to which that dividend was not required to be taken into account for that purpose.

F6(4A)

Sub-paragraph (2) does not apply where the distribution condition is satisfied in relation to the relevant accounting period, but—

(a)

the relevant profits for that period do not include income within sub-paragraph (4B), and

(b)

if that income were included, the distribution condition would not be satisfied in relation to that period.

(4B)

The income within this sub-paragraph is—

(a)

any income which accrues during the relevant accounting period to the trustees of a settlement in relation to which the company is a settlor or a beneficiary, and

(b)

any income which accrues during that period to a partnership of which the company is a partner, apportioned between the company and the other partners on a just and reasonable basis.

(4C)

Where there is more than one settlor or beneficiary in relation to the settlement mentioned in sub-paragraph (4B)(a), the income is to be apportioned between the company and the other settlors or beneficiaries on a just and reasonable basis.

(4D)

In sub-paragraph (4B)(b) “partnership” includes an entity established under the law of a country or territory outside the United Kingdom of a similar character to a partnership; and “partner” is to be read accordingly.

(5)

The modifications of paragraph 2 above referred to in sub-paragraph (3)(b) above are that—

(a)

the references in sub-paragraphs (4) and (5) to the accounting period in question are to be read as references to the accounting period for which the dividend or dividends are paid,

(b)

the references in those sub-paragraphs to sub-paragraph (1)(d) are to be read as references to sub-paragraph (3)(b) above, and

(c)

the reference in the definition of “X” in sub-paragraph (6) to F7net chargeable profits is to be read as a reference to relevant profits.

(6)

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

For the purposes of this paragraph—

F9(aa)

a dividend is an excluded dividend if it is paid, in whole or in part, out of the total profits from which (in accordance with section 747(6)(a)) the chargeable profits for an excluded period are derived,

(a)

a period is an excluded period if it is an accounting period in respect of which F10an apportionment under section 747(3) falls to be made, and

(b)

relevant profits for any accounting period are the profits which would be the relevant profits of that period for the purposes of section 799 if a dividend were actually paid for that period.

Annotations

Textual amendments

F1

Words in Sch. 25 para. 2A(1) repealed (with effect in accordance with s. 182 of the repealing Act) by Finance Act 1996 (c. 8), Sch. 36 para. 4(3)(a), Sch. 41 Pt. 5(34), Note

F2

Words in Sch. 25 para. 2A(2) substituted (with effect in accordance with s. 64(8)(9) of the amending Act) by Finance Act 2008 (c. 9), s. 64(4)(a)

F3

Words in Sch. 25 para. 2A(2)(a)(b) substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 27(2)(a); S.I. 1998/3173, art. 2

F4

Words in Sch. 25 para. 2A(2)(a)(b) substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 27(2)(b); S.I. 1998/3173, art. 2

F5

Words in Sch. 25 para. 2A(4) substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 27(3); S.I. 1998/3173, art. 2

F6

Sch. 25 para. 2A(4A)-(4D) inserted (with effect in accordance with s. 64(8)(9) of the amending Act) by Finance Act 2008 (c. 9), s. 64(4)(b)

F7

Words in Sch. 25 para. 2A(5)(c) substituted (with effect in accordance with s. 182 of the amending Act) by Finance Act 1996 (c. 8), Sch. 36 para. 4(3)(b)

F8

Sch. 25 para. 2A(6)(7) repealed (with effect in accordance with s. 182 of the repealing Act) by Finance Act 1996 (c. 8), Sch. 36 para. 4(3)(c), Sch. 41 Pt. 5(34), Note

F9

Sch. 25 para. 2A(8)(aa) inserted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 27(4); S.I. 1998/3173, art. 2

F10

Words in Sch. 25 para. 2A(8)(a) substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 27(5); S.I. 1998/3173, art. 2

Notes on Schedule 25

Textual amendments

F1

Sch. 25 heading substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 25; S.I. 1998/3173, art. 2

Notes on Part I

Textual amendments

F1

Sch. 25 Pt. 1 (paras. 1-4A) omitted (with effect in accordance with Sch. 16 para. 6 of the repealing Act) by virtue of Finance Act 2009 (c. 10), Sch. 16 para. 1(3) (with Sch. 16 paras. 7-9) (subject, as saved, to amendment by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 147(2) (with Sch. 2))