# The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2009

S.I. 2009/2811 · made 21 October 2009

These Regulations amend the Income Tax (Manufactured Overseas Dividends) Regulations 1993 (S.I. 1993/2004) (“the principal Regulations”). Regulation 7 of the principal Regulations provides that in certain circumstances a recipient resident in the United Kingdom of manufactured overseas dividends paid by a person not resident in the United Kingdom need not account for tax in respect of the overseas dividends (as required by section 923 of the Income Tax Act 2007). Regulation 7 also treats the recipient as having suffered the foreign tax deducted from the overseas dividend in respect of which the manufactured overseas dividend was paid. Paragraphs (3A) to (3E) of Regulation 7 of the principal Regulations govern the amount of foreign tax which may be claimed as double taxation relief by the recipient. These Regulations amend the principal Regulations by omitting paragraphs (3A) to (3E) of Regulation 7. The effect of this amendment is that the recipient will be taxable on the manufactured overseas dividend received without relief being available for any foreign tax suffered on the overseas dividend.

Made under: Income and Corporation Taxes Act 1988 (Schedule 23A paragraph 8); Income Tax Act 2007 (Section 582, Section 585)

PDFs: Printed copy https://openlegislation.uk/income-tax-manufactured-overseas-dividends-amendment-regulations-2009/pdf/uksi_20092811_en.pdf; Explanatory Memorandum https://openlegislation.uk/income-tax-manufactured-overseas-dividends-amendment-regulations-2009/pdf/uksiem_20092811_en.pdf

## Introductory text

Income Tax
Corporation Tax
Made 11 a.m. on 21st October 2009
Laid before the House of Commons 21st October 2009
Coming into force at 1.15 p.m. on 21st October 2009
The Treasury make the following Regulations in exercise of the powers conferred by paragraphs 8(1) and (1A) of Schedule 23A to the Income and Corporation Taxes Act 1988 and sections 582 and 585(1) and (2) of the Income Tax Act 2007.

## 1 Citation, commencement and effect

These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2009, shall come into force at 1.15 p.m. on 21st October 2009, and shall have effect in relation to manufactured overseas dividends made or treated as made on or after 1.15 p.m. on that day.

## 2 Amendment of the Income Tax (Manufactured Overseas Dividends) Regulations 1993

(1) The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.
(2) In regulation 7 (disapplication of paragraph 4(3) of Schedule 23A) omit paragraphs (3A) to (3E).

## Signature

Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2009

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Income Tax (Manufactured Overseas Dividends) Regulations 1993 (S.I. 1993/2004) (“the principal Regulations”). Regulation 7 of the principal Regulations provides that in certain circumstances a recipient resident in the United Kingdom of manufactured overseas dividends paid by a person not resident in the United Kingdom need not account for tax in respect of the overseas dividends (as required by section 923 of the Income Tax Act 2007). Regulation 7 also treats the recipient as having suffered the foreign tax deducted from the overseas dividend in respect of which the manufactured overseas dividend was paid. Paragraphs (3A) to (3E) of Regulation 7 of the principal Regulations govern the amount of foreign tax which may be claimed as double taxation relief by the recipient. These Regulations amend the principal Regulations by omitting paragraphs (3A) to (3E) of Regulation 7. The effect of this amendment is that the recipient will be taxable on the manufactured overseas dividend received without relief being available for any foreign tax suffered on the overseas dividend.
A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen

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Source: https://www.legislation.gov.uk/uksi/2009/2811 (the official version)
Page: https://openlegislation.uk/income-tax-manufactured-overseas-dividends-amendment-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.