Paragraph 8

United Kingdom

(1)

Subject to sub-paragraph (4) below, the condition in paragraph 6(1)(b) above shall not be regarded as fulfilled F1in relation to a company which is not resident in an EEA territory unless—

(a)

the number of persons employed by the company in the territory in which it is resident is adequate to deal with the volume of the company’s business; and

(b)

any services provided by the company for persons resident outside that territory are not in fact performed in the United Kingdom.

(2)

For the purposes of sub-paragraph (1)(a) above, persons who are engaged wholly or mainly in the business of the company and whose remuneration is paid by a person connected with, and resident in the same territory as, the company shall be treated as employed by the company.

(3)

In the case of a holding company F2 F3. . . , sub-paragraph (2) above shall apply with the omission of the words “wholly or mainly”.

(4)

For the purposes of sub-paragraph (1)(b) above, no account shall be taken of services—

(a)

provided through a F4permanent establishment of the controlled foreign company if the profits or gains of the business carried on through the permanent establishment are within the charge to tax in the United Kingdom; or

(b)

provided through any other person whose profits or gains from the provision of the services are within the charge to tax in the United Kingdom and who provides the services for a consideration which is, or which is not dissimilar from what might reasonably be expected to be, determined under a contract entered into at arm’s length; or

(c)

which are no more than incidental to services provided outside the United Kingdom.

F5(5)

The condition in paragraph 6(1)(b) above shall not be regarded as fulfilled in relation to a company which is resident in an EEA territory unless there are sufficient individuals working for the company in the territory who have the competence and authority to undertake all, or substantially all, of the company's business.

(6)

For the purposes of sub-paragraph (5) above, individuals are not to be regarded as working for a company in any territory unless—

(a)

they are employed by the company in the territory, or

(b)

they are otherwise directed by the company to perform duties on its behalf in the territory.

Annotations

Textual amendments

F1: Words in Sch. 25 para. 8(1) inserted (with effect in accordance with Sch. 15 para. 10 of the amending Act) by Finance Act 2007 (c. 11), Sch. 15 para. 7(3)
F2: Words in Sch. 25 para. 8(3) inserted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 31(2); S.I. 1998/3173, art. 2
F3: Words in Sch. 25 para. 8(3) omitted (with effect in accordance with Sch. 16 para. 12 of the repealing Act) by virtue of Finance Act 2009 (c. 10), Sch. 16 para. 10(3) (with Sch. 16 paras. 13-20)
F4: Words in Sch. 25 para. 8(4)(a) substituted (with effect in accordance with s. 153(4) of the amending Act) by Finance Act 2003 (c. 14), s. 153(1)(a)
F5: Sch. 25 para. 8(5)(6) inserted (with effect in accordance with Sch. 15 para. 10 of the amending Act) by Finance Act 2007 (c. 11), Sch. 15 para. 7(4)

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)