CTA09/S5 (2), TCGA92/S10B

If a company is not resident in the UK CTA09/S5 (2) says that it is not within the charge to Corporation Tax unless it carries on a trade in the UK through a permanent establishment.

Until 2003 the legislation referred to a UK branch or agency, the term that is still used for persons other than companies, see CG25500+. The term ‘permanent establishment’ is used in double tax treaties and is defined at CTA10/S1141. For further guidance see INTM260000 onwards.

Want to read more?

This content requires a Croner-i Tax and Accounting subscription.

Existing subscriber? Log in

No subscription?

Contact us to discuss your requirements.