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Legislation
Taxation (International and Other Provisions) Act 2010

Crossheading Unrelieved foreign tax on profits of overseas permanent establishment

  • Section 72 Application of section 73(1)
  • Section 73 Carry-forward and carry-back of unrelieved foreign tax
  • Section 74 Rules for carrying back unrelieved foreign tax
  • Section 75 Two or more establishments treated as a single establishment
  • Section 76 Former and subsequent establishments regarded as distinct establishments
  • Section 77 Claims for relief under section 73(1)
  • Section 78 Meaning of “overseas permanent establishment”
  1. Unrelieved foreign tax on profits of overseas permanent establishment
  2. Former and subsequent establishments regarded as distinct establishments

Section 76 | Former and subsequent establishments regarded as distinct establishments

From legislation.gov.uk

(1)If the company—

(a)at any time ceases to have a particular overseas permanent establishment in a particular territory (“the old establishment”), but

(b)subsequently again has an overseas permanent establishment in that territory (“the new establishment”),

the old establishment and the new establishment are, for the purposes of the provisions of sections 72 to 78 other than the excepted provisions, to be regarded as different overseas permanent establishments.

(2)In subsection (1) “the excepted provisions” means sections 73(2), 75 and 77.

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