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Tax tango

11 August 2009
Issue: 4218 / Categories: Forum & Feedback
How much foreign tax credit should be given to the UK resident recipient of dividends from abroad? Eighteen percent foreign tax has been deducted from the Spanish dividend

More and more of my clients now seem to be in receipt of foreign dividends and I am unsure as to how much I can claim by way of tax credit relief particularly as the 10% non-payable tax credit is now in force.

For example take a Spanish dividend having had 18% foreign tax deducted from a dividend paid to a client in 2007/08.

HMRC’s Helpsheet 263 states that foreign tax credit relief can be claimed up to the amount of UK tax chargeable on the dividend so for my higher-rate taxpayer liable at 32.5% on dividends I therefore claimed the full foreign deduction.

However HMRC came back with a restriction because the double taxation agreement limit on Spanish dividends is only 15%.

I appreciate that we are not talking about a lot of tax here but I would like to know the...

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