Section 259FB | Counteraction of the excessive PE deduction ^F1

(1)For corporation tax purposes, the excessive PE deduction may not be deducted from the company's income for the relevant PE period unless it is deducted from dual inclusion income for that period.

(2)So much of the excessive PE deduction (if any) as, by virtue of subsection (1), cannot be deducted from the company's income for the relevant PE period—

(a)is carried forward to subsequent accounting periods of the company, and

(b)for corporation tax purposes, may be deducted from dual inclusion income of the company for any such period (and not from any other income), so far as it cannot be deducted under this paragraph for an earlier period.

(3)In this section “dual inclusion income” of the company for an accounting period means an amount that is both—

(a)ordinary income of the company for that period for corporation tax purposes, and

(b)ordinary income of the company for a permitted taxable period for the purposes of a tax charged under the law of the parent jurisdiction.

(4)A taxable period of the company is “permitted” for the purposes of paragraph (b) of subsection (3) if—

(a)the period begins before the end of 12 months after the end of the accounting period mentioned in paragraph (a) of that subsection, or

(b)where the period begins after that—

(i)a claim has been made for the period to be a permitted period in relation to the amount of ordinary income, and

(ii)it is just and reasonable for the amount of ordinary income to arise for that taxable period rather than an earlier period.

(5)For the purposes of subsection (3)(b) the reference to ordinary income of the company for a permitted taxable period for the purposes of a tax charged under the law of the parent jurisdiction is taken to include a reference to excessive PE inclusion income of the company.^F2

(6)Section 259FC defines “excessive PE inclusion income” of the company for this purpose.^F2