CTM34210 - Residence: non-resident companies:
liability to CT
A company not resident in the UK is only chargeable to CT if it
carries on a trade in the UK through a branch or agency. If it
does, its chargeable profits are:
- any trading income arising directly or indirectly through or
from the branch or agency,
- any income from property or rights used by, or held by or for,
the branch or agency except dividends or other distributions
received from companies resident in the UK,
- such chargeable gains accruing on the disposal of assets
situated in the UK as are made chargeable to CGT in the case of an
individual not resident or ordinarily resident in the UK by
TCGA92/S10.
Where income within (a) or (b) arises abroad, cases IV and V of
Schedule D are for the purposes of CT extended to companies not
resident in the UK.
FA95/S126 - S127 and FA95/SCH23, which covers the assessment
and charge of IT on persons not resident in the UK, applies to
CT.
- For the machinery of assessment for
non-residents apply ITH900 onwards with any necessary
adaptations.
- The main guidance on company residence is
at INTM120000 onwards.
- The main guidance on non-residents trading
in the UK is at INTM260000 onwards.
- For the application of Double Taxation
Agreements, see DT1700 onwards.
