Part 15

Deduction of income tax at source
Chapter 11

Payments between companies etc: exception from duties to deduct

Excepted payments

Partnerships
937
1
A payment is an excepted payment if each of the following conditions are met.
2
A partnership must be beneficially entitled to the income in respect of which the payment is made.
3
Each partner in the partnership must be—
a
a person or body mentioned in section 936, or
b
a person or body to whom one of subsections (4) to (6) applies.
4
This subsection applies to a UK resident company.
5
This subsection applies to a company that—
a
is non-UK resident,
b
carries on a trade in the United Kingdom through a permanent establishment, and
c
is required to bring into account, in calculating its chargeable profits (within the meaning of section 19 of CTA 2009), the whole of any share of the payment that is attributable to it because of Part 17 of that Act.
6
This subsection applies to the European Investment Fund.
7
The Treasury may by order amend this section to add to, restrict or otherwise alter the persons or bodies falling within subsection (3)(b).
Words in s. 937(5)(c) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 711(a) (with Sch. 2 Pts. 1, 2)
Words in s. 937(5)(c) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 711(b) (with Sch. 2 Pts. 1, 2)
Pt. 15 modified (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 551(4), 1329(1) (with Pts. 1, 2, Sch. 2 para. 78)