351. Meaning of permanent establishment.

For the purposes of the Corporation Tax Acts1 a company has a permanent establishment in a territory if (and only if):

  1.  

    (1)     it has a fixed place of business there through which the business of the company is wholly or partly carried on; or

  2.  

    (2)     an agent acting on behalf of the company has and habitually exercises there authority to do business on behalf of the company2.

For this purpose, a 'fixed place of business' includes (without prejudice to the generality of that expression):

  1.  

    (a)     a place of management;

  2.  

    (b)     a branch;

  3.  

    (c)     an office;

  4.  

    (d)     a factory;

  5.  

    (e)     a