SCHEDULES

SCHEDULE 9Transitionals and savings etc

Part 3Double taxation relief

26Interpretative rules saved for the purposes of applying sections 806A to 806K of ICTA to distributions paid before 1 July 2009

1

Despite their repeal by this Act, the saved rules have effect for the purposes of applying sections 806A to 806K of ICTA in relation to distributions paid—

a

before 1st July 2009, but

b

in accounting periods ending on or after 1st April 2010.

2

In this paragraph “the saved rules” means the following provisions of ICTA—

a

section 788(4),

b

in section 788(5), the first two sentences,

c

section 790(12), and

d

section 792.

3

The saved rules, so far as having effect as mentioned in sub-paragraph (1), have effect with the following modifications.

4

Section 788(4) of ICTA has effect as if for “by virtue of this section” there were substituted “under section 2(1) of TIOPA 2010”.

5

In section 788(5) of ICTA the first sentence has effect as if for the words before “any amount of tax” there were substituted “For the purposes of Chapter 2 of this Part in its application to relief under sections 2 and 6 of TIOPA 2010, but subject to section 31(4) of TIOPA 2010,”.

6

Section 790(12) of ICTA has effect as if for the words from the beginning to “unilateral relief,” there were substituted “In Chapter 2 of this Part in its application to relief under section 18(1)(b) and (2) of TIOPA 2010,”.

7

Section 792(1) of ICTA has effect as if—

a

for “by virtue of section 788” (in both places) there were substituted “under section 2(1) of TIOPA 2010”,

b

for “Chapter 7 of Part 3 of the Finance Act 2004” there were substituted “Part 3 of TIOPA 2010”, and

c

for “section 790” there were substituted “section 18(1)(b) and (2) of TIOPA 2010”.

8

Section 792 of ICTA has effect as if after subsection (3) there were (by way of relocation of provisions of section 790(3) of ICTA) inserted—

4

Any expression in this Chapter which imports a reference to relief under arrangements for the time being having effect under section 2(1) of TIOPA 2010 shall be deemed to import also a reference to unilateral relief.