By David Hughes
Corporate Residence explains the rules that determine whether a company is a UK resident for tax purposes. The primary focus is on examining the case law test of central management and control, which is used to establish the tax residence of foreign incorporated companies. Due consideration is also given to the treaty tiebreaker concept of 'place of effective management' in the resolution of dual residence cases. This unique book provides a detailed analysis of the spectrum of case law concerning corporate residence, from the early cases of Attorney-General v. Alexander, Calcutta Jute, and De Beers to recent decisions, including Wood v Holden, Datacom, and Laerstate. The topics covered include: the importance of UK residence status * the statutory rules * central management and control: the case law test * recent case law * corporate residence and tax treaties * treaty tiebreaker provisions * directors' meetings * communication between the UK and overseas * the application of the case law test to subsidiaries * the memorandum and articles of association * Her Majesty's Revenue and Customs (HMRC) practice * avoiding a residence enquiry * HMRC's enquiry into residence: practical case studies. This is an essential text for tax practitioners, accountants, and lawyers operating in the field of corporate residence, as well as students learning about international taxation. Practitioners from other jurisdictions, where the case law test of central management and control is used, will also find this an invaluable guide.
Publication Date: 10/31/2013