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(see below) taxing profits of an exempted foreign PE where there is a ‘total opening negative amount’ will be repealed.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

Inter-spouse transfer

Inter-spouse transferIntroductionWhen a chargeable asset is transferred between two spouses or civil partners, there is a disposal by the transferor spouse / civil partner and an acquisition by the transferee spouse / civil partner for capital gains tax purposes. For simplicity, spouses and civil

14 Jul 2020 12:01 | Produced by Tolley 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

Double tax relief

Double tax reliefWhen income arises in a foreign country to a UK resident company and that income is taxable in that foreign country, the UK may give the company relief for the foreign tax by crediting the foreign tax against the UK tax charged on that income. This might include withholding tax on

14 Jul 2020 11:31 | Produced by Tolley Read more Read more