- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Income Tax Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies for the purposes of this Chapter.
(2)A company has a “permanent establishment” in the United Kingdom if (and only if)—
(a)it has a fixed place of business there through which the business of the company is wholly or partly carried on, or
(b)an agent acting on behalf of the company has and habitually exercises there authority to enter into contracts on behalf of the company.
(3)For the purposes of this section “fixed place of business” includes (without prejudice to the generality of that expression)—
(a)a place of management,
(b)a branch,
(c)an office,
(d)a factory,
(e)a workshop,
(f)a mine, an oil or gas well, a quarry or any other place of extraction of natural resources, and
(g)a building site or construction or installation project.
(4)If the condition in subsection (5) is met, a company is not regarded as having a permanent establishment in the United Kingdom by reason of the fact that—
(a)a fixed place of business is maintained there for the purpose of carrying on activities for the company, or
(b)an agent carries on activities there for and on behalf of the company.
(5)The condition is that, in relation to the business of the company as a whole, the activities carried on are only of a preparatory or auxiliary character.
(6)For this purpose “activities of a preparatory or auxiliary character” include (without prejudice to the generality of that expression)—
(a)the use of facilities for the purpose of storage, display or delivery of goods or merchandise belonging to the company,
(b)the maintenance of a stock of goods or merchandise belonging to the company for the purpose of storage, display or delivery,
(c)the maintenance of a stock of goods or merchandise belonging to the company for the purpose of processing by another person, and
(d)purchasing goods or merchandise, or collecting information, for the company.
(7)A company is not regarded as having a permanent establishment in the United Kingdom by reason of the fact that it carries on business there through an agent of independent status (including a broker or a general commission agent) acting in the ordinary course of the agent's business.
(8)A company is not regarded as having a permanent establishment in the United Kingdom by reason of the fact that it controls a company that—
(a)is resident there, or
(b)carries on business there (whether through a permanent establishment or otherwise).
(9)The Treasury may by regulations amend this section.]
Textual Amendments
F1S. 302A inserted (6.4.2011) (with effect in accordance with Sch. 2 paras. 7(3), 8 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 2 para. 2(12); S.I. 2011/662, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: