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Legislation
Taxation (International and Other Provisions) Act 2010

Chapter 4 The CFC charge gateway: profits attributable to UK activities

  • Section 371DA Introduction to Chapter
  • Section 371DB The steps
  • Section 371DC Exclusion: UK activities a minority of total activities
  • Section 371DD Exclusion: economic value
  • Section 371DE Exclusion: independent companies' arrangements
  • Section 371DF Exclusion: trading profits (the basic rule)
  • Section 371DG Exclusion: trading profits (business premises condition)
  • Section 371DH Exclusion: trading profits (income condition)
  • Section 371DI Exclusion: trading profits (management expenditure condition)
  • Section 371DJ Exclusion: trading profits (IP condition)
  • Section 371DK Exclusion: trading profits (export of goods condition)
  • Section 371DL Exclusion: trading profits (anti-avoidance)
  1. Chapter 4 · The CFC charge gateway: profits attributable to UK activities
  2. Exclusion: trading profits (business premises condition)

Section 371DG | Exclusion: trading profits (business premises condition)

From legislation.gov.uk

(1)This section applies for the purposes of section 371DF(1)(a).

(2)The business premises condition is met if, at all times during the accounting period, the CFC has in the territory in which it is resident for the accounting period premises—

(a)which are, or are intended to be, occupied and used with a reasonable degree of permanence, and

(b)from which the CFC's activities in that territory are wholly or mainly carried on.

(3)“Premises” means—

(a)an office, shop, factory or other building or part of a building,

(b)a mine, an oil or gas well, a quarry or other place of extraction of natural resources, or

(c)a building site or the site of a construction or installation project, but only if the building work or project has a duration of at least 12 months.

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