Part 7Income tax, corporation tax and capital gains tax: general
Taxation of non-resident companies and related matters
153General replacement of references to branch or agency of company
1
In the following provisions (which relate only to companies) for “branch or agency” or “branches or agencies”, wherever occurring, substitute “
permanent establishment
”
or “
permanent establishments
”
.
The provisions are—
a
b
in the Taxation of Chargeable Gains Act 1992 (c. 12), sections 140(1), 140C(1)(a), 173(3)(b), 175(1A)(b), 185(4) and 213(5A);
F4c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
in the Capital Allowances Act 2001 (c. 2), sections 560(2) and 561(1)(c);
F8e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In the following provisions (which relate to companies and other persons), any reference to a branch or agency shall be read, in relation to a company, as a reference to a permanent establishment.
The provisions are—
b
in the Taxation of Chargeable Gains Act 1992, sections 25(2), (3) and (5), 80(4)(a) and (b) and (7)(b), 199(2) and (4) and 276(7);
c
in the Finance Act 1999 (c. 16), section 85(2)(a);
F9d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any reference to a branch or agency—
a
in subordinate legislation made under an enactment contained in the Tax Acts or relating to chargeable gains, or
b
that is to be construed as having the same meaning as in any such enactment,
shall be read, in relation to a company, as a reference to a permanent establishment.
“Subordinate legislation” here has the same meaning as in the Interpretation Act 1978 (c. 30).
4
This section has effect in relation to accounting periods beginning on or after 1st January 2003.