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(see below) taxing profits of an exempted foreign PE where there is a ‘total opening negative amount’ will be repealed.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

Wholly and exclusively

Wholly and exclusivelyFor both income tax and corporation tax purposes, one of the fundamental conditions that must be satisfied for an item of expenditure to be deductible, is that it must incurred ‘wholly and exclusively’ for the purposes of the trade, profession or vocation. References to CTA

14 Jul 2020 14:00 | Produced by Tolley Read more Read more

Settlor-interested trusts

Settlor-interested trustsWhat is a settlor-interested trust?A settlor-interested trust is one where the person who created the trust, the settlor, has kept for himself some or all of the benefits attaching to the property which he has given away. A straightforward example is where a settlor

14 Jul 2020 13:38 | Produced by Tolley Read more Read more

Classes of NIC and who pays them

Classes of NIC and who pays themClass 1 NICClass 1 NIC is payable on earnings paid to an employed worker which derive from, or are treated as deriving from, an employed earner’s employment in the UK. There are two kinds of Class 1 NIC, primary contributions for which the employee is liable and

Read more Read more