Section 835H BrokersF1

(1)

This section applies if a non-UK resident carries on (alone or in partnership) a business through a broker in the United Kingdom.

(2)

The broker is not the UK representative of the non-UK resident in relation to an amount within section 835E(2) if—

(a)

the amount is transaction income in relation to a transaction carried out through the broker in the United Kingdom on behalf of the non-UK resident, and

(b)

the independent broker conditions are met in relation to the transaction (see section 835L).

(3)

In subsection (2) “transaction income”, in relation to a transaction carried out through a broker in the United Kingdom on behalf of a non-UK resident, has the same meaning as in Chapter 1 (see section 814(5)).

Annotations

Textual amendments

F1: S. 835H inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 6 para. 6 (with Sch. 9 paras. 1-9, 22)

Notes on Chapter 2B

Textual amendments

F1: Pt. 14 Ch. 2B inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 6 para. 1 (with Sch. 9 paras. 1-9, 22)

Notes on Persons who are not UK representatives

Textual amendments

F1: S. 835G and cross-heading inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 6 para. 5 (with Sch. 9 paras. 1-9, 22)