RE: Double Taxation on Dividends20 Oct 2021 16:15
Have just spoken at length with HMRC on subject of SA 20% withholding tax on dividends. It's slightly convoluted, but this is my current understanding:
PAF should only deduct 10% for payment to UK residents because of our Double taxation treaty (2002, article 10, section 2c). If they deduct the full 20% we should be able to claim back the 10% direct from the SA tax office; may need proof of UK residency via a certificate of residency which HMRC can provide.
Regardless of whether they deduct 20% or the correct 10%, as a UK resident you should also use the Foreign Income section of tax return to claim Foreign Tax Relief for the 10% that should have been deducted at source. This is because our taxation is calculated based on the gross amount, so you want to reduce this by the 10% to avoid in effect being taxed twice.
Example, gross dividend £700, should have 10% deducted at source giving £630 net. If PAF have incorrectly deducted 20% that would take it down to £560 and you would be entitled to claim back £70 direct from SA tax office. Regardless, you would claim Foreign Tax Credit relief of £70 to ensure your personal UK tax calculation was based on the £630 receivable rather than the gross amount £700. In effect it would reduce your taxable income down by the 10% already taken off at source (£70 in this example).
Clear as mud?