76 Corporation tax: territorial scope etc
Finance Act 2016 (2016 c 24) | Legislation

Transactions in UK Land

76  Corporation tax: territorial scope etc

(1)     Section 5 of CTA 2009 (territorial scope of charge) is amended in accordance with subsections (2) to (4).

(2)     For subsection (2) substitute—

“(2)     A non-UK resident company is within the charge to corporation tax only if—

(a)     it carries on a trade of dealing in or developing UK land (see section 5B), or

(b)     it carries on a trade in the United Kingdom (other than a trade of dealing in or developing UK land) through a permanent establishment in the United Kingdom.”

(3)     After subsection (2) insert—

“(2A)     A non-UK resident company which carries on a trade of dealing in or developing UK land is chargeable to corporation tax on all its profits wherever arising that are profits of that trade.”

(4)     In subsection (4), after “(1)” insert “, (2A)”.

(5)     After section 5 of CTA 2009 insert—

“5A Arrangements for avoiding tax

(1)     Subsection (3) applies if a company has entered into an arrangement the main purpose or one of the main purposes of which is to obtain a relevant tax advantage for the company.

(2)     In subsection (1) the reference to obtaining

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