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HMRC internal manual

International Manual

Non-residents trading in the UK: profits of the PE: Construction of the domestic charge to tax on non-residents

Although there are differences (described below) in construction between the CT and IT provisions for charging non-residents to tax, in practice it would be unusual for the quantum of chargeable profits of a non-resident’s trade to differ simply on account of the non-resident being a company rather than an individual. Both the IT and CT provisions charge to tax only the profits arising from the non-resident’s UK operations and both have the same domestic charge hurdle that the non-resident entity must be trading in the UK. The IT provisions rely on the normal construction of the Taxes Acts for detail on how profit is calculated whereas the CT provisions are, since FA03, rather more explicit about use of a ‘separate entity principle’ to attribute income and expenses to calculate the PE profits including attribution of capital (INTM267120 to INTM267150) to the PE operations. In all cases the extent of the non-resident’s profits that are chargeable in the UK is calculated using the arms length principle and transfer pricing methodology (INTM267040).