Part 2Charge to corporation tax: basic provisions

C1F1CHAPTER 3AUK RESIDENT COMPANIES: PROFITS OF FOREIGN PERMANENT ESTABLISHMENTS

Annotations:
Amendments (Textual)
F1

Pt. 2 Ch. 3A inserted (19.7.2011) by Finance Act 2011 (c. 11), Sch. 13 paras. 4, 31

Modifications etc. (not altering text)
C1

Pt. 2 Ch. 3A applied by 2011 c. 11, Sch. 19 para. 15Z2(3) (as inserted (with effect in accordance with Sch. 9 para. 35 of the amending Act) by Finance Act 2018 (c. 3), Sch. 9 para. 2)

Anti-diversion rule

18IF2Exemptions from anti-diversion rule

1

The exemptions referred to in section 18G(1)(c) are the exemptions set out in Chapters 11 to 14 of Part 9A of TIOPA 2010 (controlled foreign companies: exemptions from the CFC charge).

2

In applying those Chapters for the purposes of section 18G(1)(c)—

a

references to section 371BA(2)(b) of TIOPA 2010 are to be read as references to section 18G(1)(c),

b

the assumptions set out in subsection (3) are to be made, and

c

section 371VF(3) of TIOPA 2010 (definition of “related” person) is to be read with the omission of paragraphs (b) and (c).

3

For the purposes of subsection (2)(b), assume—

a

that the permanent establishment which company X has in territory X is a separate company from company X,

b

that the separate company is a CFC resident in territory X,

c

that period X and company X's other accounting periods for corporation tax purposes are accounting periods of the CFC for the purposes of Part 9A of TIOPA 2010,

d

that the CFC's assumed total profits for period X are the adjusted relevant profits amount,

e

that the CFC's assumed taxable total profits for period X are the same as the CFC's assumed total profits for period X,

f

that the CFC is connected with company X and is also connected or associated with any person with whom company X is connected or associated, and

g

that any person who has an interest in company X also has an interest in the CFC.

4

Chapters 11 to 14 of Part 9A of TIOPA 2010 are also to be applied subject to sections 18IA to 18ID below.