Taxation of Chargeable Gains Act 1992 section 271B

Branch or agency treated as UK representative

Section 271B establishes when a UK branch or agency of a non-UK resident is treated as that person's UK representative for capital gains tax purposes, and sets out the rules governing that representative status.

• Where a non-UK resident carries on a trade, profession or vocation through a UK branch or agency, that branch or agency becomes the non-UK resident's UK representative for capital gains tax on chargeable amounts arising through it.
• The branch or agency continues to act as UK representative even after it ceases to be the branch or agency through which the non-UK resident carries on the trade, profession or vocation.
• The UK representative is treated as a distinct and separate person from the non-UK resident for the purposes of the relevant chargeable amounts.
• Where the branch or agency is operated by persons in partnership, the partnership itself is treated as the UK representative of the non-UK resident.