Clause 13

by deleting subsections (4), (4A), (4B), (4C), (4D) and (5) and substituting the following subsections:“(4) Where an amount has been received by way of dividends from a company by a shareholder and the amount is exempt from tax under this Part, if that shareholder is a company, any dividends paid by that company to its shareholders, to the extent that the Comptroller is satisfied that those dividends are paid out of that amount, shall be exempt from tax in the hands of those shareholders; and section 44 of the Income Tax Act (Cap. 134) shall not apply to any such dividends or part thereof.(4A) Notwithstanding subsections (3) and (4) —

no dividend paid on any share of a preferential nature shall be exempt from tax in the hands of the shareholder;

any dividend paid on any share of a preferential nature shall be deemed as interest income of the shareholder if the dividend is paid by a company —

which has not been subjected to the provisions of section 44 of the Income Tax Act (Cap. 134) in force immediately before 1st January 2003; or

which before 1st January 2003 had been subjected to the provisions of section 44 of that Act in force immediately before that date and the dividend is paid on or after —

the 44A balance of the company referred to in section 44A of that Act becomes nil;

the company exercises the option referred to in section 44(6A) of that Act; or

31st December 2007,whichever is the earliest; and

any dividend paid on any share of a preferential nature shall be deemed as interest expense of the company if the company so elects.(4B) Any dividends debited to the account shall be treated as having been distributed to the shareholders of the overseas enterprise or any particular class of the shareholders in accordance with the proportion of their shareholdings in the overseas enterprise.(5) The overseas enterprise or any company to which this section applies shall deliver to the Comptroller a statement of the account made up to any date specified by him, if the Comptroller so requires by written notice.”;

by deleting the words “including any dividend paid by a holding company to which subsection (4B) applies or by a relevant holding company to which subsection (4C) applies,” in subsection (6)(b);

by deleting the words “or designated account, as the case may be,” in subsection (6)(ii); and

by deleting subsections (9), (10) and (11).