Finance (Miscellaneous Provisions) Act, 1956

Exclusions, dividends, etc.

15.—(1) A reduction shall not be made under this Part of this Act—

(a) in respect of income tax which a company is, otherwise than under Rule 20 of the General Rules, entitled to charge against any other person or to deduct, retain or satisfy out of any payment to any other person, or

(b) in respect of income tax or corporation profits tax payable on profits from any mining operations.

(2) Where, under Rule 20 of the General Rules, a company is entitled to deduct income tax from any dividend, tax shall not in any case be deducted at a rate exceeding the rate of the income tax as reduced by any relief from that tax given under this Part of this Act, and the provisions of section 5 of the Finance Act, 1940 (No. 14 of 1940), shall apply accordingly, with any necessary modifications.

(3) The rate of income tax at which any repayment of income tax for any year of assessment falls to be made shall be subject to such adjustments as may be proper in cases in which relief is given under or by virtue of this Part of this Act.

(4) Where, by virtue of subsection (2) of this section, income tax is deducted from a dividend at a reduced rate, the amount to be included in respect of the dividend in any return for the purpose of sur-tax shall be an amount which bears the same proportion to the amount of the dividend as the rate of income tax deducted therefrom bears to the rate which would have been authorised to be deducted if this section had not been enacted.