Corporation Tax Act 2009 section 681

Interpretation

Section 681 defines what "company" means and establishes the test for determining whether a company is resident in a relevant state for the purposes of this Chapter.

• A "company" is defined as any entity listed as a company in Part A of Annex I to the Mergers Directive.
• A company is resident in a relevant state if it is subject to tax under that state's laws on the basis of its residence.
• The company must not be treated as resident in a territory outside a relevant state under any double taxation relief arrangements.
• Both conditions — being within a charge to tax as resident and not being treated as resident elsewhere — must be satisfied simultaneously.