Corporate Residence

Erscheinungsjahr 2013
ISBN: 978-1-84766-369-6
Verlag: Bloomsbury

Buch, Englisch, 302 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 472 g

Corporate Residence is about the UK's approach to determining the residence status of corporations and thus their exposure to UK tax. If companies are not managed and controlled in the correct way they could unintentionally become UK resident and so be rendered subject to UK taxes.

The question of where a company is actually resident has become increasingly significant, with the international nature of so many business transactions today, including e-commerce transactions.

Contents:

1. Corporate Residence;
2. The Importance of UK Residence Status;
3. The Statutory Rules;
4. Central Management and Control - the case law test;
5. Recent Case law: Wood v Holden, Datacom and Laerstate;
6. Corporate residence and tax treaties;
7. Treaty tiebreaker provisions;
8. Directors' meetings;
9. Communication between the UK and overseas;
10. The application of the case law test to subsidiaries;
11. The Memorandum and Articles of Association;
12. HMRC practice;
13. Avoiding a Residence Enquiry;
14. HMRC's Enquiry into Residence - Practical Case Studies.

Zielgruppe

Tax practitioners, accountants, lawyers

Autoren/Hrsg.

Hughes, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Chapter 1 Corporate Residence
Chapter 2 The Importance of UK Residence Status
Chapter 3 The Statutory Rules
Chapter 4 Central Management and Control (The Case Law Test)
Chapter 5 Recent Case Law: Wood v Holden, Datacom and Laerstate
Chapter 6 Corporate Residence and Tax Treaties
Chapter 7 Treaty Tiebreaker Provisions
Chapter 8 Directors' Meetings
Chapter 9 Communications Between the UK and Overseas
Chapter 10 The Application of the Case Law Test to Subsidiaries
Chapter 11 The Memorandum And Articles Of Association
Chapter 12 HMRC Practice
Chapter 13 Avoiding a Residence Enquiry
Chapter 14 HMRC'S Enquiry into Residence: Practical Case Studies
Chapter 15 Unit Trust Schemes and Certain Offshore Funds
Chapter 16 Foreign Entity Classification
Appendix 1 SP1/90 Company residence
Appendix 2 Extract from INTM120070 'Treaty Non-Resident' companies

Über Autor(innen)

Hughes, David
David Hughes BBS MA (TCD) ACA AITI CTA (Fellow) ADIT TEP is a partner at Hazlems Fenton LLP, and was previously a Director on the private client Tax Team at a top six firm of chartered accountants.

He specialises in international private client taxation and has written many articles on UK and international taxation issues for leading UK and foreign journals.

David Hughes BBS MA (TCD) ACA AITI CTA (Fellow) ADIT TEP is a partner at Hazlems Fenton LLP, and was previously a Director on the private client Tax Team at a top six firm of chartered accountants.