Section 371KE | Category A income: the basic rule

(1)A CFC's category A income for an accounting period consists of any gross amounts (that is, amounts before deduction of expenses or transfers to or from reserves) of any relevant income to which subsection (3), (4) or (5) applies. This is subject to section 371KF.

(2)“Relevant income” means any income of the CFC which—

(a)is brought into account in determining the CFC's accounting profits for the accounting period, or

(b)is not so brought into account but arises in the accounting period.

(3)This subsection applies to any relevant income (apart from any dividend or other distribution of a company) so far as it is exempt from tax in the CFC's territory.

(4)This subsection applies to any relevant income so far as the tax which falls to be paid in respect of the relevant income in the CFC's territory is at a reduced rate by virtue of a provision having effect under the law of that territory the purpose of which is (wholly or mainly) to encourage (directly or indirectly) investment in that territory.

(5)This subsection applies to any relevant income if—

(a)any tax falls to be paid in respect of the relevant income in the CFC's territory,

(b)under the law of that territory, the CFC, any person who has an interest in the CFC or any person connected with the CFC is entitled to any repayment of tax or any payment in respect of a credit for tax, and

(c)that repayment or payment—

(i)is directly or indirectly in respect of the whole or part of the tax mentioned in paragraph (a), but

(ii)is not a form of relief in respect of losses incurred by the CFC.