Paragraph 7

(1)

For the purposes of paragraph 6(1)(a) above, a “business establishment”, in relation to a controlled foreign company, means premises—

(a)

which are, or are intended to be, occupied and used with a reasonable degree of permanence; and

(b)

from which the company’s business in the territory in which it is resident is wholly or mainly carried on.

(2)

For the purposes of sub-paragraph (1) above the following shall be regarded as premises—

(a)

an office, shop, factory or other building or part of a building; or

(b)

a mine, an oil or gas well, a quarry or any other place of extraction of natural resources; or

(c)

a building site or the site of a construction or installation project;

but such a site as is referred to in paragraph (c) above shall not be regarded as premises unless the building work or the project, as the case may be, has a duration of at least twelve months.

Notes on Schedule 25

Textual amendments

F1: Sch. 25 heading substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 25; S.I. 1998/3173, art. 2

Notes on Part II

Modifications

C1: Sch. 25 Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), Sch. 16 para. 17 (with Sch. 16 paras. 13-16, 18-20)