SCHEDULES
F1F1F2SCHEDULE 18A
Sch. 18A inserted (with effect in accordance with Sch. 1 para. 9 of the amending Act) by Finance Act 2006 (c. 25), Sch. 1 para. 7
Part 1Meaning of conditions for the purposes of section 403F
The EEA tax loss condition: companies resident in EEA territory
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1
In the case of a non-resident company which is resident in an EEA territory (“the relevant territory”), an amount meets the EEA tax loss condition in relation to the relevant territory in so far as conditions A and B are met.
2
Condition A is that the amount is calculated in accordance with the applicable rules under the law of the relevant territory for determining, in the case of the company, the amount of any loss or other amount eligible for relief from any tax under the relevant territory.
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Condition B is that, for the purposes of corporation tax, the amount is not attributable to a UK permanent establishment of the company.
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“UK permanent establishment”, in relation to the company, means any permanent establishment through which it carries on a trade in the United Kingdom.
5
For the meaning of tax under any territory outside the United Kingdom, see paragraph 17.
Sch. 18A repealed (1.4.2010 with effect in accordance with s. 1184(1) of the repealing Act) by Corporation Tax Act 2010 (c. 4), Sch. 1 para. 141, Sch. 3 Pt. 1 (with Sch. 2)