42 Receipts from intellectual property: territorial scope
Finance Act 2016 (2016 c 24) | Legislation

Receipts from Intellectual Property

42  Receipts from intellectual property: territorial scope

(1)     In section 577 of ITTOIA 2005 (territorial scope of Part 5 charges), at the end insert—

“(5)     See also section 577A (territorial scope of Part 5 charges: receipts from intellectual property).”

(2)     After that section insert—

“577A Territorial scope of Part 5 charges: receipts from intellectual property

(1)     References in section 577 to income which is from a source in the United Kingdom include income arising where—

(a)     a royalty or other sum is paid in respect of intellectual property by a person who is non-UK resident, and

(b)     the payment is made in connection with a trade carried on by that person through a permanent establishment in the United Kingdom.

(2)     Subsection (3) applies where a royalty or other sum is paid in respect of intellectual property by a person who is non-UK resident in connection with a trade carried on by that person only in part through a permanent establishment in the United Kingdom.

(3)     The payment referred to in subsection (2) is to be regarded for the purposes of subsection (1)(b) as made in connection with a trade carried on through a permanent establishment

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