Part 3

Income tax, corporation tax and capital gains tax
Chapter 2

Other provisions

International matters

Controlled foreign companies: territorial exclusions from s.748 exemptions
89
1
In section 748 of the Taxes Act 1988 (controlled foreign companies: cases where no apportionment falls to be made under section 747(3)) after subsection (5) insert—
6
This section is subject to section 748A.
.
2
After section 748 of the Taxes Act 1988 insert—
748A
Territorial exclusions from exemption under section 748
1
Nothing in section 748 prevents an apportionment under section 747(3) falling to be made as regards an accounting period of a controlled foreign company if the company—
a
is a company incorporated in a territory to which this section applies as respects that accounting period; or
b
is at any time in that accounting period liable to tax in such a territory by reason of domicile, residence or place of management; or
c
at any time in that accounting period carries on business through a branch or agency in such a territory.
2
The condition in subsection (1)(c) above is not satisfied as regards an accounting period of a controlled foreign company if the business carried on by the company in that period through branches or agencies in territories to which this section applies, taken as a whole, is only a minimal part of the whole of the business carried on by the company in that period.
3
The territories to which this section applies as respects an accounting period of a controlled foreign company are those specified as such in regulations made by the Treasury.
4
Regulations under subsection (3) above—
a
may make different provision for different cases or with respect to different territories; and
b
may contain such incidental, supplemental, consequential or transitional provision as the Treasury may think fit.
5
A statutory instrument containing regulations under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
.
3
This section has effect in relation to accounting periods of controlled foreign companies beginning on or after the day on which this Act is passed.
4
In this section “accounting period” and “controlled foreign company” have the same meaning as in Chapter 4 of Part 17 of the Taxes Act 1988.