INTM264090 - Non-residents trading in the UK: domestic law permanent establishment/branch or agency
Branch or agency - statutory definition and practical recognition of a branch
Since references to 바카라 사이트榖ranch or agency바카라 사이트� in the non-resident company CT charging legislation at ICTA88/S11 were changed to 바카라 사이트榩ermanent establishment바카라 사이트� for accounting periods beginning after 1 January 2003, the term 바카라 사이트榖ranch or agency바카라 사이트� only remains relevant to non-residents chargeable to income tax. Although ITTOIA05/S6(2) under which non-residents are charged to income tax does not mention 바카라 사이트榖ranch or agency바카라 사이트�, the machinery provisions for assessment and collection of tax atFA95/S126&Sch23 impose the non-resident바카라 사이트檚 liability on the UK branch or agency (see INTM268020.)
There is a statutory definition of 바카라 사이트榖ranch or agency바카라 사이트� at ICTA88/S834(1) thus -바카라 사이트渁ny factorship, agency, receivership, branch or management바카라 사이트�. This is not particularly helpful so we must look for authority elsewhere including case law.
Most people recognise a branch of a foreign business when they see one and the impression given to the public is helpful in deciding whether or not a branch exists. For example there are many branches of foreign banks that trade on the High Streets of many towns and cities in the UK. We know this, whether we bank with these branches or not, because the name of the foreign bank will be displayed across the shop front of the UK branch. The personnel running the UK branch will be carrying on the part of the foreign bank바카라 사이트檚 trade that takes place in the UK. This amounts to the UK presence of the foreign bank바카라 사이트檚 trade, i.e. a branch of its trade. That바카라 사이트檚 an easy example in part because banks actually call themselves branches but it is worth stressing that whatever terminology is used it is the activities carried on in the UK in relation to the foreign enterprise바카라 사이트檚 overall business activities that are most relevant in deciding whether the UK activities are a branch of the foreign business.