38. Amendment of section 411 (surrender of relief between members of groups and consortia) of Principal Act.
(1) Section 411 of the Principal Act is amended in subsection (1) by substituting the following for paragraph (c):
"(c) In determining for the purposes of this section and the following provisions of this Chapter whether one company (in this paragraph referred to as the 'first-mentioned company') is a 75 per cent subsidiary of another company -
(i) the other company shall be treated as not being the owner of -
(I) any share capital which it owns directly in a company if a profit on a sale of the shares would be treated as a trading receipt of its trade,
(II) any share capital which it owns indirectly and which is owned directly by a company for which a profit on the sale of the shares would be a trading receipt, or
(III) any share capital which it owns directly or indirectly in a company that is not a company which, by virtue of the law of a relevant territory, is resident for the purposes of tax in such a relevant territory,
and
(ii) the first-mentioned company shall not be treated as a 75 per cent subsidiary of the other company unless -
(I) that other company, by virtue of the law of a relevant territory, is resident for the purposes of tax in such a relevant territory, or