[INTM288020] Profits attributable to a permanent establishment of a UK resident company – TIOPA10/S43: the capital allocation approach
Application of capital allocation approach
The ‘capital allocation’ approach of TIOPA/S43 and the ‘thin capitalisation’ approach of Chapter 4 of Part 2 CTA09 are the two methodologies authorised by the OECD for attributing capital to PEs in the OECD Report on the Attribution of Profits to Permanent Establishment (‘the Report’) to establish an arm's length result. The 2010 version of the Report can be viewed on theOECD website.
The capital allocation approach is discussed in the Report, including in the contexts of:
•General Considerations – at Part I Section D-2 (v) (b) (3) (from page 37);