5Territorial scope of chargeU.K.
(1)A UK resident company is [F1chargeable to corporation tax on income] on all its profits wherever arising [F2(but see Chapter 3A for an exemption from charge in respect of profits of foreign permanent establishments)].
[F3(2)A non-UK resident company is [F4within the charge to corporation tax on income] only if—
(a)it carries on a trade of dealing in or developing UK land (see section 5B), or
(b)it carries on a trade in the United Kingdom (other than a trade of dealing in or developing UK land) through a permanent establishment in the United Kingdom.]
[F5(2A)A non-UK resident company which carries on a trade of dealing in or developing UK land is [F6chargeable to corporation tax on income] on all its profits wherever arising that are profits of that trade.]
(3)A non-UK resident company which carries on a trade in the United Kingdom through a permanent establishment in the United Kingdom is [F7chargeable to corporation tax on income] on all its profits wherever arising that are chargeable profits as defined in section 19 (profits attributable to its permanent establishment in the United Kingdom).
(4)Subsections (1)[F8, (2A)] and (3) are subject to any exceptions provided for by the Corporation Tax Acts.
[F9(5)The territorial scope of the charge to corporation tax on chargeable gains is given by section 2B of TCGA 1992.]
Textual Amendments
F1Words in s. 5(1) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 110(2)
F2Words in s. 5(1) inserted (19.7.2011) by Finance Act 2011 (c. 11), Sch. 13 para. 3, 31
F3S. 5(2) substituted (with effect in accordance with s. 81 of the amending Act) by Finance Act 2016 (c. 24), s. 76(2) (and also with effect in accordance with Finance (No. 2) Act 2017 (c. 32), s. 39(1)(2))
F4Words in s. 5(2) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 110(3)
F5S. 5(2A) inserted (with effect in accordance with s. 81 of the amending Act) by Finance Act 2016 (c. 24), s. 76(3) (and also with effect in accordance with Finance (No. 2) Act 2017 (c. 32), s. 39(1)(2))
F6Words in s. 5(2A) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 110(2)
F7Words in s. 5(3) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 110(2)
F8Word in s. 5(4) inserted (with effect in accordance with s. 81 of the amending Act) by Finance Act 2016 (c. 24), s. 76(4) (and also with effect in accordance with Finance (No. 2) Act 2017 (c. 32), s. 39(1)(2))
F9S. 5(5) inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 110(4)