INTM242300 - Controlled Foreign Companies: Residence of CFCs: How to determine the territory of residence of a CFC - the general rule
The CFC is taken to be resident in the territory under the law of which it is liable to tax by reasons of its domicile, residence or place of management at all times during the accounting period.
A CFC is regarded as liable to tax in a particular territory if it is within the charge to tax there even though it may actually pay no tax; for example because of losses or double tax relief, or because, for whatever reason, the tax authorities do not in practice assess or collect the tax for which the company is legally liable. The tax in question must be a tax similar in nature to UK taxes on profits, namely, income or corporation tax. It would not include turnover or payroll taxes, or flat-rate levies.
The legislation refers to 바카라 사이트渢erritory바카라 사이트� throughout rather than 바카라 사이트渃ountry바카라 사이트�. This is so that it covers jurisdictions such as the Channel Islands and the Isle of Man which do not have full independent status. However, in its application to federal states such as the U.S.A. and Switzerland, 바카라 사이트渢erritory바카라 사이트� signifies the country and not an individual state.
바카라 사이트淒omicile바카라 사이트� covers territories which charge companies to tax on the basis of incorporation, registration under their laws or some similar criterion.
바카라 사이트淩esidence바카라 사이트� is to be interpreted in accordance with its meaning in UK tax law; that is the central management and control test. The term is therefore appropriate only to territories with a test of residence similar to the UK test.
바카라 사이트淧lace of management바카라 사이트� covers territories in which liability to tax depends on some particular level of management being carried out in those territories. The term includes many of the criteria for corporate tax liability which are used overseas such as 바카라 사이트榚ffective management바카라 사이트�, 바카라 사이트榮eat of business바카라 사이트�, 바카라 사이트榗entral administration바카라 사이트�, 바카라 사이트榟ead office바카라 사이트�, 바카라 사이트榩rincipal place of business바카라 사이트� and other similar criteria.