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Legislation
Corporation Tax Act 2009

Crossheading Anti-diversion rule

  • Section 18G Anti-diversion rule
  • Section 18H What are “diverted profits”?
  • Section 18HA Modification of Chapter 3 of Part 9A of TIOPA 2010
  • Section 18HB Modification of Chapter 4 of Part 9A of TIOPA 2010
  • Section 18HC Modification of Chapter 5 of Part 9A of TIOPA 2010
  • Section 18HD Modification of Chapter 7 of Part 9A of TIOPA 2010
  • Section 18HE Modification of Chapter 9 of Part 9A of TIOPA 2010
  • Section 18I Exemptions from anti-diversion rule
  • Section 18IA The excluded territories exemption
  • Section 18IB The low profits exemption
  • Section 18IC The low profit margin exemption
  • Section 18ID The tax exemption
  1. Anti-diversion rule
  2. The excluded territories exemption

Section 18IA | The excluded territories exemption

From legislation.gov.uk

(1)Chapter 11 of Part 9A of TIOPA 2010 (controlled foreign companies: the excluded territories exemption) applies for the purposes of section 18G(1)(c) with the following modifications.

(2)Sections 371KB(1)(b)(iii) and 371KH are to be omitted.

(3)Section 371KC is to be omitted and the assumption set out in section 18I(3)(b) above in relation to the CFC's residence is to be applied instead; and references to “the CFC's territory” are to be read accordingly.

(4)Section 371KD(3) is to be omitted and references to a CFC's accounting profits for an accounting period are to be read as references to the adjusted relevant profits amount.

(5)Section 371KE(2)(b) is to be omitted.

(6)Section 371KF is to be omitted.

(7)In section 371KG(3) the reference to the CFC's equity or debt is to be read as a reference to company X's equity or debt (ignoring the assumption in section 18I(3)(a) above).

(8)Section 371KI(2) and (3) is to be omitted.

(9)In section 371KJ—

(a)in subsection (2)(a), the reference to intellectual property held by the CFC is to be read as a reference to intellectual property held by company X (ignoring the assumption in section 18I(3)(a) above), and

(b)in subsections (2)(b) and (c) and (4), references to the CFC are to be read as references to company X (ignoring that assumption).

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