Income and Corporation Taxes Act 1988

767 Interpretation and commencement of sections 765 and 766. U.K.

(1) M1 A body corporate shall be deemed for the purposes of sections 765and 766to be resident or not to be resident in the United Kingdom according as the central management and control of its trade or business is or is not exercised in the United Kingdom.

(2) If it is shown that it has been established as between the Crown and a body corporate for any income tax or corporation tax purpose that the body corporate was resident or ordinarily resident in the United Kingdom for any year of assessment or other period, it shall be presumed, except so far as the contrary is proved, that that body corporate was resident in the United Kingdom for the purposes of sections 765and 766at the beginning of that year of assessment or other period and that it continued to be so resident at all times thereafter.

(3) M2 Where the functions of a body corporate consist wholly or mainly in the holding of investments or other property, the holding of the investments or property shall be deemed for the purposes of this section and sections 765and 766to be a business carried on by the body corporate.

(4) Notwithstanding anything in the preceding provisions of this section or in sections 765and 766,in no event shall a mere transfer of assets by a body corporate not resulting in a substantial change in the character or extent of the trade or business of that body corporate be treated for the purposes of sections 765and 766as a transfer of part of its trade or businessF1 .

(5) In this section and in sections 765 and 766—

• [F2 “share” has, in relation to any body corporate, the meaning given by Part 26 of the Companies Act 1985 in relation to a company;

• “debenture” has, in relation to any body corporate, the meaning given by section 738 of the Companies Act 2006 in relation to a company;

• “director” has, in relation to any body corporate, the meaning given by section 250 of the Companies Act 2006 in relation to a company;]

• “control” (except in the expression “central management and control”) has, in relation to a body corporate, the meaning given by section 840;

• “transfer”, in relation to shares or debentures, includes a transfer of any beneficial interest therein;

• “insurance company” means a body corporate lawfully carrying on business as an insurer, whether in the United Kingdom or elsewhere; and

• “funds” in relation to an insurance company means the funds held by it in connection with that business;

and a body corporate shall not be deemed for the purposes of this section and sections 765and 766to cease to be resident in the United Kingdom by reason only that it ceases to existF3 .

(6) M3 This section and sections 765 and 766 shall come into force on 6th April 1988 to the exclusion of section 482 of the 1970 Act (which is re-enacted by those sections); but any offence committed before 6th April 1988 shall not be punishable under section 766 and neither this subsection nor any other provision of this Act shall prevent any such offence from being punishable as if this Act had not been passed.

Textual Amendments

F1 Repealed by 1988(F) s.148and Sch.14 Part IVfrom 15March 1988subject to 1988(F) s.105(6).

F2 S. 767(5): definitions of "share", "debenture" and "director" substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2008 (S.I. 2008/954), arts. 1(1), 11

F3 Repealed by 1988(F) s.148and Sch.14 Part IVfrom 15March 1988subject to 1988(F) s.105(6).

Marginal Citations

M1 Source—1970 s.482(7)

M2 Source—1970 s.482(8)-(10)

M3 Source—1970 s.482(12)