Corporate Residence (Previously titled Taxation and Corporate Residency)

Author: David Hughes
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781847663696
Published In: September 2013
Format: Paperback , 350 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Corporate Residence explains the rules that determine whether a company is 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 title 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.

Corporate Residence covers:

The importance of UK residence status
The statutory rules
Central management and control: the case law test
Recent case law: Wood v Holden, Datacom and Laerstate
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
HMRC’s 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.

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

David Hughes MA (TCD), AITI, FCA, CTA (Fellow), ADIT, TEP is a tax partner at Hazlems Fenton LLP and was previously a director in the private client tax team at a top six firm of chartered accountants. David has been recommended as a leading advisor in the International Tax Review’s World Tax Guide. David was the only UK- based candidate to complete all three ADIT assessments in the year 2007. He has written numerous articles for both domestic and international tax publications and authored a Tax Digest on the new non-domicile tax regime. He has also contributed to the Chiltern PLC Yellow Tax Guide.