One of the requirements imposed upon an issuing company if it is to be a qualifying company for EIS, is that it must have a permanent establishment in the UK throughout period B (see E3.104)1.
A qualifying company does not have to be resident in the UK, nor does it have to be incorporated in the UK2. If the company issuing the shares is resident abroad, the activity may be carried on by that company trading through a permanent establishment in the UK or by a UK subsidiary3. In either case the profits from the activity are subject to UK corporation tax.
Permanent establishment
A definition of permanent establishment is provided in the legislation which is similar to that set out by the OECD in its Model Double Taxation Treaty, at Article 5 of that Model. A company
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