# The Income Tax (Paying and Collecting Agents) (Amendment) Regulations 1997, Regulation 11: Amendments to the principal Regulations


After regulation 8 there shall be inserted the following regulations—
“Certificates by paying and collecting agents—additional information
8A (1) A certificate furnished pursuant to subsection (4) of section 118E by a paying agent or a collecting agent to the person entitled to the chargeable payment or, as the case may be, the chargeable receipt shall contain the information specified in paragraph (2) in addition to that set out in paragraphs (a) to (d) of that subsection.
(2) The information specified in this paragraph is—
(a) a description of the chargeable payment or chargeable receipt, including the name of the body of persons or government, or public or local authority, issuing the relevant holdings in respect of which the chargeable payment or chargeable receipt is payable;
(b) details of tax paid in respect of the income in question under the law of a territory outside the United Kingdom, including the name of that territory;
(c) in the case of a manufactured overseas dividend paid to the collecting agent, details of tax accountable for in accordance with paragraph 4 of Schedule 23A and the Manufactured Overseas Dividends Regulations in respect of the payment;
(d) details of the amount of the chargeable payment or chargeable receipt by reference to which income tax is calculated;
(e) details of the amount of tax set off in accordance with regulation 8B.
Set off of foreign withholding tax
8B (1) Subject to paragraph (2), the amount of any income tax which a paying agent would otherwise be liable to deduct under section 118E(1)(a), or for which a collecting agent would otherwise be liable to account under section 118E(3)(a), may be reduced by an amount equal to the amount of any tax that—
(a) was paid in respect of the income in question under the law of a territory outside the United Kingdom, and
(b) would qualify for credit against tax payable in respect of that income in the United Kingdom under section 788 or 790.
(2) In the case of a chargeable receipt which is a manufactured overseas dividend, the amount of any income tax for which a collecting agent would otherwise be liable to account under section 118E(3)(a) may be reduced by an amount equal to the aggregate of the following amounts—
(a) the amount (if any) of tax accountable for in accordance with paragraph 4 of Schedule 23A and the Manufactured Overseas Dividends Regulations or, where regulation 7(3A) of those Regulations applies in relation to the manufactured overseas dividend, the amount of tax treated as accounted for and paid pursuant to that provision, and
(b) the amount (if any) of tax charged on or in respect of the payment of the manufactured overseas dividend under the law of a territory outside the United Kingdom,
but so that the resulting aggregate amount does not exceed the amount that would have been found under paragraph (1) above in relation to the dividend of which the manufactured overseas dividend is representative.
Prevention of double accounting
8C (1) Where more than one person is a collecting agent in relation to the same relevant receipt (by virtue of that relevant receipt passing along a chain of collecting agents), the collecting agent who first performs a relevant function (within the meaning given by section 118C) in relation to that relevant receipt shall, subject to paragraph (2), be regarded as the sole collecting agent in relation to that relevant receipt for the purposes of the principal sections and these Regulations.
(2) Except where the successor in the chain of collecting agents is a collecting agent for other companies in the same group (within the meaning given by regulation 2F(3)), the person who for the time being is the sole collecting agent may agree with his successor in the chain of collecting agents that that successor shall be treated as the sole collecting agent in relation to the relevant receipt for the purposes of the principal sections and these Regulations.
(3) For the purposes of paragraph (2) and subject to paragraph (4), an agreement between collecting agents shall be made by the collecting agent who desires to assume responsibility as the sole collecting agent in relation to the relevant receipt giving notice to the other collecting agent, and the other collecting agent accepting that notice.
(4) An agreement shall not be regarded as being made pursuant to paragraph (3) if the collecting agent to whom the notice referred to in that paragraph is given has, prior to receipt of the notice, furnished a certificate under section 118E(4) with respect to the relevant receipt.
(5) A notice under paragraph (3) shall contain the following information—
(a) the identity of the collecting agent by whom the notice is given;
(b) the identity of the collecting agent to whom the notice is given;
(c) details of the relevant receipts to which the notice relates;
(d) the date of the notice.
(6) An agreement under paragraph (2) shall have effect in relation to any relevant receipts to which it relates arising to the collecting agent to whom the notice under paragraph (3) is given after the acceptance by him of the notice, unless and until—
(a) either of the collecting agents withdraws from the agreement by notice to the other collecting agent, or
(b) the person to whom the notice under paragraph (3) was given receives a notice from the Board under regulation 10(2) relating to the relevant receipts referred to in the notice.”

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Source: https://www.legislation.gov.uk/uksi/1997/2705/regulation/11 (the official version)
Page: https://openlegislation.uk/income-tax-paying-and-collecting-agents-amendment-regulations-1997/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.