Part 7Income tax, corporation tax and capital gains tax: general
Taxation of non-resident companies and related matters
153General replacement of references to branch or agency of company
(1)
In the following provisions (which relate only to companies) for “branch or agency” or “branches or agencies”, wherever occurring, substitute “
permanent establishment
”
or “
permanent establishments
”
.
The provisions are—
(a)
(b)
in the Taxation of Chargeable Gains Act 1992 (c. 12), sections 140(1), 140C(1)(a), 173(3)(b), 175(1A)(b), 185(4) and 213(5A);
F8(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
in the Capital Allowances Act 2001 (c. 2), sections 560(2) and 561(1)(c);
F9(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
In the following provisions (which relate to companies and other persons), any reference to a branch or agency shall be read, in relation to a company, as a reference to a permanent establishment.
The provisions are—
(b)
in the Taxation of Chargeable Gains Act 1992, sections 25(2), (3) and (5), 80(4)(a) and (b) and (7)(b), 199(2) and (4) and 276(7);
(c)
in the Finance Act 1999 (c. 16), section 85(2)(a);
F15(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Any reference to a branch or agency—
(a)
in subordinate legislation made under an enactment contained in the Tax Acts or relating to chargeable gains, or
(b)
that is to be construed as having the same meaning as in any such enactment,
shall be read, in relation to a company, as a reference to a permanent establishment.
“Subordinate legislation” here has the same meaning as in the Interpretation Act 1978 (c. 30).
(4)
This section has effect in relation to accounting periods beginning on or after 1st January 2003.