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Practice guide: Branch incorporation

The incorporation of a UK branch of an overseas company, or the overseas branch of a UK company, can result in chargeable gains. Robert Langston reviews the practical tax issues that should be considered

As outlined in my practice guide ‘Overseas companies setting up in the UK’ (Tax Journal dated 22 March 2010) a company can undertake activities in the UK through either a branch or a subsidiary. A UK company faces a similar choice when undertaking activities outside the UK.

For new activities a branch can offer certain advantages over a subsidiary to a UK parent company including offsetting losses against other UK profits. Often there is also a practical consideration – a branch can be easier to establish than a subsidiary and easier to close down if the activities do not prove successful.

However in due course the parent company may decide...

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