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Legislation
Finance Act 2003

Crossheading Taxation of non-resident companies and related matters

  • Section 148 Meaning of “permanent establishment”
  • Section 149 Non-resident companies: basis of charge to corporation tax
  • Section 150 Non-resident companies: assessment, collection and recovery of corporation tax
  • Section 151 Non-resident companies: extent of charge to income tax
  • Section 152 Non-resident companies: transactions carried out through broker, investment manager or Lloyd’s agent
  • Section 153 General replacement of references to branch or agency of company
  • Section 154 Double taxation relief: profits attributable to overseas permanent establishment
  • Section 155 Consequential amendments
  • Section 156 Overseas life insurance companies
  1. Taxation of non-resident companies and related matters
  2. General replacement of references to branch or agency of company

Section 153 | General replacement of references to branch or agency of company

From legislation.gov.uk

(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)in the Taxes Act 1988, sections ..., ... ... 442(1), ... ..., 748A(1)(c) and (2), ...; in Schedule 15, paragraphs 17(3)(c) and 25(2)(c); ... in Schedule 24, paragraphs 1 and 8; and in Schedule 25, paragraphs 6(2A) and (2C), 8 and 11(3);F1F2F3F4F5F6F7

(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);

(c)RepealedF8

(d)in the Capital Allowances Act 2001 (c. 2), sections 560(2) and 561(1)(c);

(e)RepealedF9

(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—

(a)in the Taxes Act 1988, sections ... ... 806K(1)... ......;F10F11F12F13F14

(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);

(d)RepealedF15

(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.

(4)This section has effect in relation to accounting periods beginning on or after 1st January 2003.

Notes

  1. F1

    Word in s. 153(1)(a) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

  2. F2

    Words in s. 153(1)(a) repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)

  3. F3

    Words in s. 153(1)(a) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

  4. F4

    Words in s. 153(1)(a) repealed (with effect in accordance with s. 26(3) of the amending Act) by Finance Act 2012 (c. 14), s. 26(2)(c)

  5. F5

    Word in s. 153(1)(a) repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 3 (with Sch. 2)

  6. F6

    Words in s. 153(1)(a) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

  7. F7

    Words in s. 153(1)(a) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(7)

  8. F8

    S. 153(1)(c) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(11)

  9. F9

    S. 153(1)(e) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

  10. F10

    Word in s. 153(2)(a) repealed (6.4.2006) by Finance Act 2004 (c. 12), Sch. 42 Pt. 3 (with Sch. 36)

  11. F11

    Words in s. 153(2)(a) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

  12. F12

    Words in s. 153(2)(a) repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1

  13. F13

    Words in s. 153(2)(a) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

  14. F14

    Words in s. 153(2)(a) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

  15. F15

    S. 153(2)(d) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

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