CTM80315 - Groups: group relief: UK permanent establishment of non-resident company: tax relief in a foreign jurisdiction

ICTA88/S403D (1)(c), (3), (5), and (6)

For general guidance about the surrender as group relief of losses and other amounts ( CTM80110) of a UK permanent establishment of a non-resident company see CTM80310.

There can be no such surrender if any part of the loss etc. corresponds to or is represented in any amount for which tax relief may be given in a foreign jurisdiction.

This prohibition applies whether the tax relief is given to the company having the UK permanent establishment or to any other person.

For the meaning of tax relief in a foreign jurisdiction see CTM80320.

For the impact of this rule where the company is resident in a foreign jurisdiction which operate a credit system for overseas permanent establishment income or in one that operates an exemption system see CTM80325.