CTM34250 - Residence: non-resident companies: charges received
If a non-resident company trading in the UK through a branch or
agency receives a charge on income, the payment is income in its
hands and is chargeable to CT and not to IT so far as it falls
within the chargeable profits of the company (
CTM34210). The rules in ICTA88/S11 (3)
for the set-off of any IT borne against the CT liability are
similar to ICTA88/S7 (2) (
CTM35220). Taxed income within
ICTA88/S11 (3) might include, for example, patent royalties
received by a manufacturing concern, or interest on the reserve
fund investments of the UK branch of a foreign bank.
Subject to the above, and to the provisions of any relevant
Double Taxation Agreement, a charge on income received by a
non-resident company is within the charge to IT, so far as it
arises in the UK.
