INTM255150 - Controlled Foreign Companies: exemptions - the motive test: Contents
This guidance applies for accounting period before 1 January 2013 and refers to the legislation at Chapter IV Part XVII of the Income and Corporation Taxes Acts 1988, under the old Controlled Foreign Companies (CFC) rules.
The current rules for CFCs are contained in Part 9A, Taxation (International and Other Provisions) Act 2010. This legislation is effective for accounting periods of CFCs beginning on or after 1 January 2013. The new guidance can be found at INTM190000 onwards.
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INTM255160Introduction to the motive test
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INTM255170The conditions of the motive test
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INTM255180transactions reducing United Kingdom tax
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INTM255190statutory definition
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INTM255200are the results of the transaction(s) reflected in the controlled foreign company's profits for the accounting period?
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INTM255210reduction in United Kingdom tax?
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INTM255220reduction in United Kingdom tax more than minimal?
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INTM255230The transaction leg of the motive test: motive element
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INTM255240The diversion of profits leg of the motive test
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INTM255250statutory definition
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INTM255260are there receipts reflected in the controlled foreign company's profits for an accounting period?
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INTM255270Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: would it be reasonable to suppose that the whole or a substantial part of the receipts would have been received by a United Kingdom person?
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INTM255280related company
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INTM255290United Kingdom company
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INTM255300would the United Kingdom person have paid more, or been entitled to less relief from, united Kingdom tax?
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INTM255310motive element
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INTM255320Application of motive test: overview
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INTM255330Application of motive test: 'marginal and isolated failure' of exempt activities and excluded countries exemptions
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INTM255340Application of motive test: newly-established overseas business
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INTM255350Application of motive test: incorporation of foreign branch
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INTM255360Application of motive test: United Kingdom takeover of overseas group - 'period of grace'
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INTM255370Application of motive test: background
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INTM255380Application of motive test: 21 March 2000 example
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INTM255390Application of motive test: avoidance of United Kingdom or foreign tax
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INTM255400Application of motive test: conduit companies
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INTM255410Application of motive test: Venture Capital Limited Partnerships
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INTM255420Application of motive test: loan relationships legislation
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INTM255430Application of motive test: examples - 'marginal and isolated failure' of exempt activities and excluded countries exemptions
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INTM255430Application of motive test: examples - 'marginal and isolated failure' of exempt activities and excluded countries exemptions
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INTM255440Application of motive test: examples - United Kingdom takeover of overseas group
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INTM255450Application of motive test: examples - locally based traders failing the exempt activities test
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INTM255460Application of motive test: examples - intra-group service providers failing the exempt activities test
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INTM255470Application of motive test: examples - controlled foreign company's profits effectively subject to tax in the United Kingdom
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INTM255480Application of motive test: examples - captive insurerance companies
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INTM255490Application of motive test: examples - 'money boxes'
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INTM255500Application of motive test: examples - holding companies