3266.This section sets out the conditions to be met if a broker in the United Kingdom is to be treated as an agent of independent status for the purposes of section 1142(1), and therefore not a permanent establishment, in relation to a transaction carried out on behalf of a non-UK resident company by the broker. It is based on paragraphs 1(1) and 2 of Schedule 26 to FA 2003.
3267.In subsection (6) the words “(apart from this subsection)” have been added for the reasons given in Change 61in Annex 1.
Introduction Overview Overview Section 1145: The independent broker conditions