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Income and Corporation Taxes Act 1988

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Changes over time for: Cross Heading: UK connection

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Income and Corporation Taxes Act 1988, Cross Heading: UK connection is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 109A(4B) inserted by 2005 c. 7 Sch. 4 para. 6(3) (This amendment not applied to legislation.gov.uk. The amending provision (2005 c. 7, Sch. 4 para. 6) repealed retrospectively by 2005 c. 22, Sch. 6 para. 4(1)(6))
  • Sch. 19AB para. 5(5)(a)(b) words substituted by S.I. 2001/3629 art. 52(2)(n) (This amendment not applied to legislation.gov.uk. The words to be substituted do not occur in Sch. 19AB para. 5)

[F1UK connectionU.K.

Textual Amendments

F1Sch. 25 Pts. 2A, 2B (paras. 12B-12N) inserted (with effect in accordance with Sch. 12 para. 14(2) of the amending Act) by Finance Act 2011 (c. 11), Sch. 12 para. 3

12E(1)The requirement of this paragraph is that C does not have a significant connection with the United Kingdom during the accounting period.U.K.

(2)C has a significant connection with the United Kingdom during the accounting period if Condition A or B is met.

(3)Condition A is that—

(a)the UK-connected gross income of C's business for that period exceeds 10% of the gross income of that business for that period, and

(b)sub-paragraph (4) does not apply.

(4)This sub-paragraph applies if—

(a)at all times in the accounting period there are sufficient individuals working for C in the territory in which it is resident, or in any other territory outside of the United Kingdom, who have the competence and authority to undertake all, or substantially all, of C's business,

(b)C's relevant profits for the accounting period do not exceed 10% of C's relevant operating expenses for that period, and

(c)the UK-connected gross income of C's business for that period does not exceed 50% of the gross income of that business for that period.

(5)Condition B is that—

(a)the UK-connected related-party business expenditure of C's business for that period exceeds 50% of the total related-party business expenditure of C's business for that period, and

(b)during the accounting period C has been involved in a scheme where the main purpose, or one of the main purposes, of any party to the scheme in entering into the scheme is to achieve a reduction in corporation tax or any tax chargeable as if it were corporation tax.

(6)For the purposes of sub-paragraph (4)(a), individuals are not to be regarded as working for C in any territory unless—

(a)they are employed by C in the territory, or

(b)they are otherwise directed by C to perform duties on its behalf in the territory.

(7)In this paragraph—

  • related-party business expenditure” means any expenditure, other than capital expenditure, which gives rise, directly or indirectly, to income of a person related to C;

  • “relevant profits”, for an accounting period, means the total profits of C for that period calculated in accordance with generally accepted accounting practice (disregarding any capital gains or losses), but before any deduction for interest or tax;

  • “relevant operating expenses” of C means operating expenses of C other than—

    (a)

    the cost of goods sold, and

    (b)

    related-party business expenditure;

  • scheme” means any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving one or more transactions;

  • UK-connected gross income” means the gross income derived, directly or indirectly, from persons who are within the charge to United Kingdom tax for all or part of the accounting period;

  • UK-connected related-party business expenditure” means related-party business expenditure which gives rise, directly or indirectly, to income of a person within the charge to United Kingdom tax in respect of that income;

  • United Kingdom tax” means income tax or corporation tax;

and paragraph 12D(3) (persons “related” to C) applies for the purposes of this paragraph as it applies for the purposes of paragraph 12D(2)(f).

(8)In the case of a company which is within the charge to United Kingdom tax only because it carries on a trade in the United Kingdom through a permanent establishment there, for the purposes of sub-paragraph (7)—

(a)the gross income derived from that company is so much of the gross income as is attributable to that establishment, and

(b)the income received by that company is such of its income as is attributable to that establishment.]

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