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Home / Simons-Taxes /Corporate tax /Part D2 Groups of companies /Division D2.7 Diverted profits tax /Companies avoiding a UK taxable presence / D2.717 Avoiding a UK taxable presence—liability to diverted profits tax
Commentary

D2.717 Avoiding a UK taxable presence—liability to diverted profits tax

Corporate tax

D2.717 Avoiding a UK taxable presence—liability to diverted profits tax

Where foreign companies make substantial sales through activity in the UK while avoiding the creation of a UK permanent establishment there may be a potential liability to the DPT. Such arrangements are often combined with other arrangements that allow the foreign company to transfer profits associated with those sales to companies resident in territories where little or no tax is paid. However, no charge to DPT arises where the exemptions detailed in D2.718 apply.

A company (FC) may be liable to diverted profits tax for that period if1:

  1. Ìý

    (a)ÌýÌýÌýÌý it is non-UK resident in the accounting period

  2. Ìý

    (b)ÌýÌýÌýÌý it carries on a trade during all or part of the period

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