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Statutory Instrument 1997 No. 2705The Income Tax (Paying and Collecting Agents) (Amendment) Regulations 1997(The document as of February, 2008) STATUTORY INSTRUMENTS1997 No. 2705The Income Tax (Paying and Collecting Agents) (Amendment) Regulations 1997
The Commissioners of Inland Revenue, in exercise of the powers conferred on them by sections 118A(n), 118E(5), 118G(2) and (4)(g) and (i), 118H(1) and (3), 118I, 118J(3) and 118K of the Income and Corporation Taxes Act 1988[1], hereby make the following Regulations: Citation and commencement 1.These Regulations may be cited as the Income Tax (Paying and Collecting Agents) (Amendment) Regulations 1997 and shall come into force on 9th December 1997. Interpretation 2.In these Regulations "the principal Regulations" means the Income Tax (Paying and Collecting Agents) Regulations 1996[2] and "regulation" means a regulation of the principal Regulations. Amendments to the principal Regulations 3. - (1) Regulation 2(1) shall be amended as follows. (2) After the definition of "the Board" there shall be inserted the following definitions -
(3) In the definition of "eligible person" -
(b) the word "or" immediately following paragraph (d) shall be omitted, and after paragraph (e) there shall be added the following paragraphs -
(g) where the relevant payment or relevant receipt falls within regulation 2B, the plan manager concerned, (h) where the relevant payment or relevant receipt falls within regulation 2C, the trustee or the manager of the pension funds pooling scheme concerned, (i) where the relevant payment or relevant receipt falls within regulation 2D, a trustee or the investment manager of the common investment fund concerned, (j) where the relevant payment or relevant receipt falls within regulation 2E, any person entitled to immunity or exemption from income tax as mentioned in that regulation, (k) a local authority in the United Kingdom, a local authority association within the meaning given by section 519(3) and a health service body within the meaning given by section 519A(2)[4], (l) where the relevant receipt falls within regulation 2J, the person referred to in that regulation, (m) where the relevant receipt falls within regulation 2K, the bank referred to in that regulation, or (n) where the relevant receipt falls within regulation 2L, a trustee of the qualifying discretionary or accumulation trust referred to in that regulation;". (4) After the definition of "eligible person" there shall be inserted the following definitions -
(5) After the definition of "notice" there shall be inserted the following definitions -
(6) After the definition of "the principal sections" there shall be inserted the following definition -
4.In regulation 2(2) -
(b) after the words "that section of" there shall be inserted the words ", or that Schedule to,". 5.After regulation 2(2) there shall be added -
6.After regulation 2 there shall be inserted - Superannuation funds within section 615(6) 2A. - (1) Relevant payments and relevant receipts which constitute income derived from investments, deposits or other property of a superannuation fund are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i). (2) In paragraph (1) the reference to a superannuation fund is a reference to a superannuation fund which either -
(b) is before the Board in order for them to decide whether the superannuation fund falls within that subsection. Personal equity plans
(b) by virtue of any of the enactments specified in paragraph (3), is entitled at that date to exemption or immunity from income tax in respect of income having its source outside the United Kingdom, are relevant payments and relevant receipts of a description which is prescribed for the purposes of section 118G(4)(i).
(b) the Consular Relations Act 1968[14]; (c) the Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 1985[15]; (d) section 320; (e) section 322[16]. Companies in the same group
(b) a company belonging to the same group of companies -
(ii) in any other case is both the beneficial owner of the relevant holdings from which the relevant receipt derives and is beneficially entitled to that relevant receipt. (3) In paragraph (2) "group" means a company which has one or more 51 per cent. subsidiary companies together with that or those subsidiaries.
(b) a local authority association within the meaning given by section 519(3); (c) a health service body within the meaning given by section 519A(2). Manufactured overseas dividends - local authorities and health service bodies
(b) is in respect of the same dividend date as that manufactured overseas dividend. (3) The extent specified in this paragraph is so much of the amount of the relevant receipt as is in respect of the relevant holding to which the manufactured overseas dividend relates." 7.After regulation 3 there shall be inserted the following regulation -
3A. - (1) Subsection (1) of section 118G shall not apply as regards a relevant receipt to which regulation 2M(2) applies unless the condition prescribed by paragraph (2) is fulfilled. (2) The condition prescribed is that the depositary referred to in regulation 2M(2) has made a declaration to the collecting agent concerned, in the form required by the Board, containing the information specified in paragraph (3) and the undertaking specified in paragraph (4). (3) The information specified is -
(b) the full name of the depositary; (c) the address of the principal place of business of the depositary; (d) the full name of the collecting agent to whom the declaration is made; (e) a statement by the depositary that the relevant receipts payable by the collecting agent, or for which the collecting agent is accountable, are payable or accountable to or at the direction of the depositary in his capacity as depositary for the recognised clearing system; (f) a statement by the depositary that the information contained in the declaration is correct to the best of his knowledge and belief. (4) The undertaking specified is an undertaking that the depositary will notify the collecting agent to whom the declaration is made of any relevant receipts to which the declaration does not apply, or has ceased to apply.
(b) receives a notice from the Board under regulation 10(2) relating to those receipts, or (c) has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects those receipts." 8.In regulation 4 -
(b) after paragraph (1) there shall be inserted the following paragraphs -
(1B) A relevant receipt falls within this paragraph if it is -
(b) a relevant receipt to which section 118G(4)(f) applies; (c) a relevant receipt to which regulation 2F, 2M or 2N applies; or (d) a relevant receipt falling within regulation 2B, 2C or 2D in relation to which the eligible person is a collecting agent." 9.In regulation 6 -
(b) after paragraph (4) there shall be added the following paragraph -
(b) regulations 2A to 2E and 2G to 2L." 10.After regulation 6 there shall be inserted the following regulations -
6A. - (1) Subject to paragraph (2), subsection (1) of section 118G shall not apply as regards a relevant receipt to which regulation 2N applies, unless the overseas dividend manufacturer referred to in that regulation has made a declaration to the collecting agent concerned relating to that receipt. (2) Paragraph (1) shall not apply where the manufactured overseas dividend referred to in regulation 2N is paid by the collecting agent on behalf of the overseas dividend manufacturer. (3) Subject to paragraphs (4) and (5), a declaration under paragraph (1) shall be regarded as relating to a relevant receipt if -
(ii) where the declaration is made within the period of 14 days commencing with the first day of a month, in the preceding month; or (b) the receipt is received or arises after the end of the month in which the declaration is made. (4) A declaration under paragraph (1) shall not be regarded as relating to a relevant receipt if, prior to receipt of the declaration, the collecting agent to whom it is made has furnished a certificate under section 118E(4) with respect to that receipt.
(b) receives a notice from the Board under regulation 10(2) relating to that receipt, or (c) has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects that receipt. Declaration by overseas dividend manufacturer - additional provisions
(b) the principal address of the overseas dividend manufacturer, that is to say -
(ii) where the overseas dividend manufacturer is a body corporate (including a corporate trustee), the address of its registered office or principal place of business, (iii) where the overseas dividend manufacturer is a professional trustee, the address of his employment or principal place of business; (c) the full name of the collecting agent to whom the declaration is made; (3) The undertaking specified is an undertaking that the overseas dividend manufacturer will notify the collecting agent to whom the declaration is made of any relevant receipts to which the declaration does not apply.
(b) where the overseas dividend manufacturer is a trustee of a qualifying discretionary or accumulation trust (other than a corporate trustee), by that trustee, stating the capacity in which he signs, (c) where the overseas dividend manufacturer is a body corporate (including a corporate trustee), by the secretary of that company or other officer of that company duly authorised for that purpose, stating the capacity in which he signs, (d) in any other case, by an officer of the organisation concerned duly authorised for that purpose, stating the capacity in which he signs." 11.After regulation 8 there shall be inserted the following regulations -
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 -
(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
(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 -
(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.
(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 -
(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." 12.In each of regulations 10(3), 15(1) and 16(1) for the words "or 4" there shall be substituted the words ", 3A, 4 or 6A".
(b) after the words "regulation 4," there shall be inserted the words "or an overseas dividend manufacturer who has made a declaration under regulation 6A,".
(This note is not part of the Regulations) These Regulations amend the Income Tax (Paying and Collecting Agents) Regulations 1996 ("the principal Regulations"). Regulation 1 provides for citation and commencement, and regulation 2 for interpretation. Regulations 3 to 5 insert additional definitions in regulation 2 of the principal Regulations and amend the definition of "eligible person" in that regulation by adding further categories to that definition. Regulation 6 inserts regulations 2A to 2N in the principal Regulations which list categories of payments of foreign dividends made by paying agents ("relevant payments"), and categories of receipts of foreign dividends or quoted Eurobond interest by collecting agents ("relevant receipts"), in respect of which those agents are not liable to account for income tax. Regulation 7 inserts regulation 3A in the principal Regulations which provides that the exemption from liability to account for tax on manufactured overseas dividends paid or accounted for to, or at the direction of, a depositary for a recognised clearing system shall not apply unless the depositary makes a declaration in the terms set out in the regulation. Regulation 8 amends regulation 4(1) of the principal Regulations (declaration by eligible person or appropriate person) so as to exclude certain categories of non-chargeable relevant payments or receipts from the ambit of the regulation. Regulation 9 amends regulation 6 of the principal Regulations so as to require additional information to be contained in a declaration by an appropriate person in relation to relevant payments or relevant receipts payable to him or at his direction. Regulation 10 inserts regulations 6A and 6B in the principal Regulations which provide for the making of a declaration by an overseas dividend manufacturer where regulation 2N applies (relevant receipts corresponding to manufactured overseas dividends). Regulation 11 inserts three regulations in the principal Regulations - regulation 8A (additional information to be contained in certificates by paying and collecting agents concerning chargeable payments and chargeable receipts); regulation 8B (set off of foreign withholding tax against tax payable by paying and collecting agents); and regulation 8C (prevention of double accounting where more than one person is a collecting agent in relation to the same dividend). Regulations 12 and 13 amend regulations 10, 14, 15 and 16 of the principal Regulations so as to include references to declarations under regulations 3A and 6A of the principal Regulations (inserted by regulations 7 and 10 of these Regulations). Notes: [1] 1988 c.1; sections 118A to 118K were inserted as Chapter VIIA of Part IV of the Income and Corporation Taxes Act 1988 by paragraph 1 of Schedule 29 to the Finance Act 1996 (c.8) and were modified in relation to manufactured overseas dividends by regulation 12 of S.I. 1993/2004 (as amended by S.I. 1996/1229 and 2643 and 1997/2706).back [2] S.I. 1996/1780.back [3] S.I. 1988/267; relevant amending instruments are S.I. 1992/3133 and 1994/1479.back [4] Section 519A was inserted by section 61(1) of the National Health Service and Community Care Act 1990 (c.19), and was amended by the Health and Personal Social Services (Northern Ireland Consequential Amendments) Order 1991 (S.I. 1991/195 (N.I.)) and paragraph 114 of Schedule 1, and Schedule 3, to the Health Authorities Act 1995 (c.17).back [5] Schedule 23A was inserted by paragraph 1 of Schedule 13 to the Finance Act 1991 (c.31). Paragraph 4 of Schedule 23A was amended by section 159(4) to (6) of the Finance Act 1996 and by paragraph 28(2) of Schedule 7, paragraph 52(4) of Schedule 14, paragraph 7 of Schedule 29 and Part V(21) of Schedule 41, to that Act.back [6] Section 737A was inserted by section 122 of the Finance Act 1994 (c.9) and amended by Part VI(10) of Schedule 18 to the Finance Act 1997 (c.16).back [7] S.I. 1993/2004; relevant amending instruments are S.I. 1996/1229 and 2643 and 1997/2706.back [8] Section 118G(5) was amended by Part VI(7) of Schedule 18 to the Finance Act 1997.back [9] Section 333 was amended by section 70 of the Finance Act 1991.back [10] S.I. 1989/469, amended by S.I. 1990/678, 1991/733 and 2774, 1992/623, 1993/756, 1995/1539 and 3287, 1996/846 and 1355 and 1997/511 and 1716.back [11] S.I. 1996/1585.back [12] 1982 c.53.back [13] 1964 c.81.back [14] 1968 c.18.back [15] S.I. 1985/1983.back [16] Section 322 was amended by paragraph 4(1) of Schedule 14 to the Finance Act 1990 (c.29) and by paragraph 15 of Schedule 7, and Part V(2) of Schedule 41, to the Finance Act 1996.back [17] Section 519 was amended by paragraph 5(2) of Schedule 18, and Part IV of Schedule 19, to the Finance Act 1990.back [18] Inserted by S.I. 1996/2643.back ISBN 0 11 065166 9 -- Back --
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