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INTM255150 | Controlled Foreign Companies: exemptions - the motive test: Contents

From HM Revenue & Customs · International Manual

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.

Contents35 entries

  1. INTM255160Controlled Foreign Companies: exemptions - the motive test: Introduction to the motive test
  2. INTM255170Controlled Foreign Companies: exemptions - the motive test: The conditions of the motive test
  3. INTM255180Controlled Foreign Companies: exemptions - the motive test: The transaction leg of the motive test: transactions reducing United Kingdom tax
  4. INTM255190Controlled Foreign Companies: exemptions - the motive test: The transaction leg of the motive test: statutory definition
  5. INTM255200Controlled Foreign Companies: exemptions - the motive test: The transaction leg of the motive test: are the results of the transaction(s) reflected in the controlled foreign company’s profits for an accounting period?
  6. INTM255210Controlled Foreign Companies: exemptions - the motive test: The transaction leg of the motive test: reduction in United Kingdom tax?
  7. INTM255220Controlled Foreign Companies: exemptions - the motive test: The transaction leg of the motive test: reduction in United Kingdom tax more than minimal?
  8. INTM255230Controlled Foreign Companies: exemptions - the motive test: The transaction leg of the motive test: motive element
  9. INTM255240Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test
  10. INTM255250Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: statutory definition
  11. INTM255260Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: are there receipts reflected in the controlled foreign company’s profits for an accounting period?
  12. 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?
  13. INTM255280Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: related company
  14. INTM255290Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: United Kingdom company
  15. INTM255300Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: would the United Kingdom person have paid more, or been entitled to less relief from, United Kingdom tax?
  16. INTM255310Controlled Foreign Companies: exemptions - the motive test: The diversion of profits leg of the motive test: motive element
  17. INTM255320Controlled Foreign Companies: exemptions - the motive test: Application of motive test: overview
  18. INTM255330Controlled Foreign Companies: exemptions ' the motive test - Application of motive test: ‘marginal and isolated failure’ of exempt activities and excluded countries exemptions
  19. INTM255340Controlled Foreign Companies: exemptions - the motive test: Application of motive test: newly-established overseas business
  20. INTM255350Controlled Foreign Companies: exemptions - the motive test: Application of motive test: incorporation of foreign branch
  21. INTM255360Controlled Foreign Companies: exemptions - the motive test: Application of motive test: United Kingdom takeover of overseas group - ‘period of grace’
  22. INTM255370Controlled Foreign Companies: exemptions - the motive test: Application of motive test: holding companies - background
  23. INTM255380Controlled Foreign Companies: exemptions - the motive test: Application of motive test: holding companies - 21 March 2000 example
  24. INTM255390Controlled Foreign Companies: exemptions - the motive test: Application of motive test: holding companies - avoidance of United Kingdom or foreign tax
  25. INTM255400Controlled Foreign Companies: exemptions - the motive test: Application of motive test: holding companies - conduit companies
  26. INTM255410Controlled Foreign Companies: exemptions - the motive test: Application of motive test: Venture Capital Limited Partnerships
  27. INTM255420Controlled Foreign Companies: exemptions - the motive test: Application of motive test: loan relationships legislation
  28. INTM255430Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - ‘marginal and isolated failure’ of exempt activities and excluded countries exemptions
  29. INTM255440Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - United Kingdom takeover of overseas group
  30. INTM255450Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - locally based traders failing the exempt activities test
  31. INTM255460Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - intra-group service providers failing the exempt activities test
  32. INTM255470Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - controlled foreign company’s profits effectively subject to tax in the United Kingdom
  33. INTM255480Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - captive Insurance companies
  34. INTM255490Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - ‘money boxes’
  35. INTM255500Controlled Foreign Companies: exemptions - the motive test: Application of motive test: examples - holding companies