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Company residence

Jackie Wheaton (BDO) examines the case law in determining when a company is resident in the UK for tax purposes.

Why does company residence matter?

The residence of a company can determine which tax regime principally applies and whether a company is entitled to claim double tax treaty reliefs such as withholding tax exemptions. UK corporation tax is charged on companies (and certain other bodies) that are resident in the UK on their income and gains in each accounting period. (UK corporation tax is also charged on non-UK resident companies that trade in the UK through a permanent establishment and in certain other limited circumstances.)

How do you determine company residence?

A company is resident in the UK for the purposes of the Taxes Acts if it is incorporated in the UK (with certain exceptions) or the central management and control of its business is in the UK.

The...

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