Foreign branch exemption ― overview

Produced by a Tolley Corporation Tax expert
Corporation Tax
Guidance

Foreign branch exemption ― overview

Produced by a Tolley Corporation Tax expert
Corporation Tax
Guidance
imgtext

The UK provides an elective exemption from UK corporation tax for the profits of an overseas permanent establishment (PE) of a UK company (other than certain insurance companies). The term ‘foreign permanent establishment’ (foreign PE) is used in UK tax law to refer to those overseas operations of a company which were previously described as a ‘branch’.

The Government has published a policy paper, draft legislation and an explanatory note providing for the exemption to become mandatory for UK resident companies. The changes will generally apply for accounting periods beginning on or after 1 January 2027. The draft legislation also includes provisions intended to prevent companies delaying the commencement of the mandatory regime by using short accounting periods.

Under the proposed transitional rules, losses and other amounts attributable to a foreign PE arising before the exemption becomes mandatory will generally not be available to be carried forward to post-transition periods. The existing legislation (see below) taxing profits of an exempted foreign PE where there is a ‘total opening negative amount’ will be repealed. Targeted

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™
Powered by Tolley+™

Popular Articles

Allowable expenses for property businesses

Allowable expenses for property businessesGeneral itemsMany of the principles applying to allowable expenses for property businesses are similar to those that apply for trading and the rules for individuals in a property business are generally the same as for companies with some exceptions which are

14 Jul 2020 13:26 | Produced by Tolley in association with Rob Durrant-Walker of Crane Dale Tax, part of AMS Group Read more Read more

Real estate investment trusts (REITs)

Real estate investment trusts (REITs)Introduction to REITsA real estate investment trust (REIT) is in fact not a trust at all, it is a company which qualifies for special tax treatment under CTA 2010, Part 12. REITs are similar in many ways to collective fund vehicles (such as unit trusts) in that

14 Jul 2020 13:04 | Produced by Tolley in association with Rob Durrant-Walker of Crane Dale Tax, part of AMS Group Read more Read more

Married couple’s allowance

Married couple’s allowanceThe married couple’s allowance (MCA) is only available if one of the two spouses or civil partners was born before 6 April 1935. This means that one member of the couple must be at least 89 years old on 5 April 2024 to qualify for an allowance in the 2023/24 tax year.There

14 Jul 2020 12:13 | Produced by Tolley Read more Read more