Taxation (International and Other Provisions) Act 2010 section Sch 9 para 27

Repealed references to Part 18 of ICTA saved for purposes of sections 806A to 806K of ICTA

Schedule 9 paragraph 27 ensures that certain older legislative cross-references to Part 18 of ICTA (the predecessor double taxation relief rules) continue to work alongside the new Part 2 of TIOPA 2010, specifically for the purpose of applying the onshore pooling and mixer cap provisions in sections 806A to 806K of ICTA in relation to distributions paid before 1 July 2009 but falling within accounting periods ending on or after 1 April 2010.

• This paragraph applies only to distributions paid before 1 July 2009 that fall within accounting periods ending on or after 1 April 2010.
• References to Part 2 of TIOPA 2010 in certain specified provisions are treated as also including a reference to the old Part 18 of ICTA, so that the older rules remain operative for these transitional cases.
• The specified provisions affected are paragraph 4(2) of Schedule 26 to ICTA, dealing with dividends from controlled foreign companies, and sections 140H(3), 140I(3) and 140J(3) of TCGA 1992, dealing with foreign tax treated as charged under the EU Mergers Directive.
• The effect is purely transitional, bridging the gap between the old ICTA double taxation relief code and its replacement in TIOPA 2010 so that no relief is inadvertently lost during the changeover.