Part 24Corporation Tax Acts definitions etc

Chapter 2Permanent establishments

Circumstances where there is no permanent establishment

1142Agent of independent status

1

A company is not regarded as having a permanent establishment in a territory by reason of the fact that it carries on business there through an agent of independent status acting in the ordinary course of the agent's business.

2

Sections 1145 to 1151 apply for the purpose of supplementing subsection (1) in relation to transactions carried out on behalf of a non-UK resident company by a person in the United Kingdom acting as—

a

a broker (section 1145),

b

an investment manager (sections 1146 to 1150), or

c

a members' or managing agent at Lloyd's (section 1151).

1143Preparatory or auxiliary activities

1

If the condition in subsection (2) is met, a company is not regarded as having a permanent establishment in a territory by reason of the fact that—

a

a fixed place of business is maintained there for the purpose of carrying on activities for the company, or

b

an agent carries on activities there for and on behalf of the company.

2

The condition is that, in relation to the business of the company as a whole, the activities carried on are only of a preparatory or auxiliary character.

3

For this purpose “activities of a preparatory or auxiliary character” include (without prejudice to the generality of that expression)—

a

the use of facilities for the purpose of storage, display or delivery of goods or merchandise belonging to the company,

b

the maintenance of a stock of goods or merchandise belonging to the company for the purpose of storage, display or delivery,

c

the maintenance of a stock of goods or merchandise belonging to the company for the purpose of processing by another person, and

d

purchasing goods or merchandise, or collecting information, for the company.

1144Alternative finance arrangements

1

Subsection (2) applies if alternative finance return is paid to a non-UK resident company.

2

The company is not regarded as having a permanent establishment in the United Kingdom merely by virtue of anything done for the purposes of the alternative finance arrangements—

a

by the other party to the arrangements, or

b

by any other person acting for the company in relation to the arrangements.

3

In subsection (1) “alternative finance return” means alternative finance return within the application of—

a

section 564I, 564K or 564L(2) or (3) of ITA 2007, or

b

section 511, 512 or 513(2) or (3) of CTA 2009.

4

In subsection (2) the reference to “the alternative finance arrangements” is a reference to the alternative finance arrangements under which the alternative finance return mentioned in subsection (1) is paid.