(1) In this Chapter, "disregarded permanent establishment" means a presence in a territory (in this subsection referred to as the 'first- mentioned territory') - (a) which is treated for the purposes of the tax law of the territory in which an entity has its head office (in this subsection referred to as the 'second-mentioned territory') as a permanent establishment of that entity, (b) some or all of the profits or gains of which are not included for the purposes of domestic tax in the second-mentioned territory, and (c) in respect of the profits and gains of which - (i) where the first-mentioned territory is the State, the entity is not charged to tax under section 25, and (ii) where the first-mentioned territory is not the State, the entity is not charged to foreign tax.
(2) In this section:
'domestic tax' means a tax chargeable on profits or gains, under the laws of a territory in which the head office of an entity is established, that is similar to in
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