The relevant profits/losses that can be exempted under the permanent establishment (PE) exemption (see D4.801A) are detailed in the legislation1. These are essentially trading profits as adjusted for tax purposes. Special provisions are made for chargeable gains, capital allowances, payments subject to deduction and employee share acquisitions.
Adjustment of PE profits/losses
The relevant profits/losses that are to be left out of account are the amounts determined under the double tax treaty with the country concerned2 for the purposes of establishing the amount on which double tax credit relief would be available. If there is no such treaty, the amounts are defined by reference to the 2010 version of the Organisation for Economic Co-operation and Development (OECD) Model Tax Convention on Income and on Capital3.
Chargeable gains
The exempt amount calculated as described above includes chargeable gains or allowable losses realised on assets held by the PE. However, in cases where the entire chargeable gain or allowable loss arising in respect of a capital asset does not fall within the scope
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