In GE Financial Investments, the Upper Tribunal favoured the functional interpretation while the Court of Appeal favoured the territorial, writes Kyle Rainsford (Addleshaw Goddard).
If it looks like a resident and it is taxed like a resident is it a resident? The Court of Appeal in HMRC v GE Financial Investments Ltd [2024] EWCA Civ 797 says no overturning the judgment of the Upper Tribunal (UT) that I discussed this time last year (‘GE Financial treaty residence and the meaning of “business”’ (K Rainsford) Tax Journal 28 July 2023).
The taxpayer GE Financial Investments Ltd (GEFI) was a UK company. For US tax planning purposes (which were defeated by a change in law) it was a limited partner in a limited partnership and its shares were stapled with the shares in the general partner of that same partnership...
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In GE Financial Investments, the Upper Tribunal favoured the functional interpretation while the Court of Appeal favoured the territorial, writes Kyle Rainsford (Addleshaw Goddard).
If it looks like a resident and it is taxed like a resident is it a resident? The Court of Appeal in HMRC v GE Financial Investments Ltd [2024] EWCA Civ 797 says no overturning the judgment of the Upper Tribunal (UT) that I discussed this time last year (‘GE Financial treaty residence and the meaning of “business”’ (K Rainsford) Tax Journal 28 July 2023).
The taxpayer GE Financial Investments Ltd (GEFI) was a UK company. For US tax planning purposes (which were defeated by a change in law) it was a limited partner in a limited partnership and its shares were stapled with the shares in the general partner of that same partnership...
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