34. Amendment of section 831 (implementation of Council Directive No. 90/435/EEC concerning the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States) of Principal Act.

Section 831 of the Principal Act is amended -

(a) in subsection (1) -

(i) in the definition of "company" by deleting ", other than in the expression 'unlimited company' in subsection (5A),",

(ii) in the definition of "the Directive" by inserting ", as amended by Council Directive No. 2003/123/EC of 22 December 2003 [OJ No. L7 of 13.1.2004, p.41]," after "1990",

(iii) in the definition of "parent company" -

(I) by substituting the following for paragraph (i):

"(i) a company which owns at least 5 per cent of the share capital of another company which is not resident in the State, or",

and

(II) by substituting "5 per cent" for "25 per cent" in each place where it occurs in paragraphs (ii), (I) and (II),

(b) in subsection (2) -

(i) by deleting "which is resident in this State", and

(ii) in paragraph (a) -

(I) by substituting the following for subparagraph (i):

"(i) any witholding tax charged on the distribution by a Member State pursuant to a derogation duly given from Article 5.1 of the D

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