Finance Act 2006

Relief for or in respect of non-resident companies within the charge to corporation tax

3 (1) Section 403D of ICTA (relief for or in respect of non-resident companies) is amended as follows.

(2) In subsection (1) (provision for determining amounts available for surrender by a non-resident company), in the opening words,—

(a) after “non-resident company” insert “carrying on a trade in the United Kingdom through a permanent establishment”, and

(b) after “as so available” insert “(but see also subsection (11) below)”.

(3) At the end insert—

“(11) Any loss or other amount that is available for surrender by way of group relief in accordance with this section is in addition to any loss or other amount that is so available in accordance with sections 403F and 403G and Schedule 18A (relief in respect of overseas losses of non-resident companies).”.

(4) In consequence of the amendments made by this paragraph, the title to the section becomes “Relief for or in respect of UK losses of non-resident companies”.