John Skates

Thank you. Can you please explain what is meant by 'but it is not taxable in that country'? In my case, does it mean not taxable in the UK?Article 10 (1) of the UK/Germany DTA states that dividends paid by a German company may be taxed in the UK and Article 10 (2) states that the dividends may also be taxed in Germany and that the German tax charged shall not exceed 15% of the gross amount if the beneficial holder of the shares is an individual who is a resident of the UK. Does this mean the German dividends are taxable in both Germany and the UK so that foreign tax credit relief can be claimed against the UK tax payable on them and it is not therefore not necessary to claim a repayment from Germany please?

Dividends from German companies were received by a UK resident individual 2023/24. It is assumed that withholding tax was deducted. Is it necessary to make a claim for any repayment of withholding tax due from the German authorities before claiming double taxation relief in the self assessment return? If it is, but because of the amount involved and the costs of making the claim, no repayment claim is made, how much double taxation relief can be claimed, if any?

A UK resident will be working as CEO of an Italian company in Italy but will not spend sufficient time in Italy to become resident there. Withholding tax at the rate of 30% will be deducted from his salary under what is known as e un'imposta sostitutive dell' IRPEF. This is defined as taking the place of other taxes and allows a single rate to apply. It is not specifically mentioned in DT10153 - Italy - Admissible taxes as an allowable tax for credit purposes but it is a tax on income and Article 2 (2) of the DTA convention states that it will apply to any identical or substantially similar taxes which are imposed by either country at a later date. Please confirm that withholding deductions under e un'imposta sostitutive dell'IRPEF are allowable in full as a credit against the UK income tax payable on the Italian remueration, subject to the UK tax rate being at least 30%.