Commentary

D4.123 Brokers, investment managers and Lloyd's agents

Corporate tax
Corporate tax | Commentary

D4.123 Brokers, investment managers and Lloyd's agents

Corporate tax | Commentary

D4.123 Brokers, investment managers and Lloyd's agents

The rules described in this article will not apply if different rules are included in the relevant double taxation agreement; in such a case the rules in the agreement take precedence.

Brokers and permanent establishments

For corporation tax purposes, a permanent establishment in the UK will not be created if the non-resident company only carries on business there through an agent of independent status acting in the ordinary course of their business1. The broad effect of this exemption is to ensure that non-residents are not exposed to any additional liability to tax by using the services of independent investment managers in the UK.

For the purpose of these rules, a person is regarded as carrying out a transaction on behalf of another where the person actually undertakes it themselves, or gives instructions for the transaction to be carried out by another person2.

In some industries, a broker may be used by a non-resident company to perform certain tasks. The term 'broker' is not defined in the legislation but is regarded as an agent of independent status in respect of a transaction carried out on behalf of a non-resident company only if3:

  1.  

    •     at the time of the transaction the person is carrying on the business of being a broker

  2.  

    •     the transaction is carried out in the ordinary course of that business

  3.  

    •     the remuneration in respect of the transaction is not less than is customary for that class of business

  4.  

    •     the person does

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