This book is about the UK's approach to determining the residence status of corporations and thus their exposure to UK tax. If companies are not managed and controlled in the correct way, they could unintentionally become UK resident and so be rendered subject to UK taxes. The question of where a company is actually resident has become increasingly significant, with the international nature of so many business transactions today, including e-commerce transactions. Table of Contents include: The Importance of UK Residence Status * The Incorporation Rule * Central Management and Control (The Case Law Test) * FA 1994 S249 and the Impact of Tax Treaties on the Determination of Residence * Place of Effective Management * HMRC Practice * The Application of the Case Law Test to Subsidiaries * Peripatetic Boards * UK Coordination Centers * The Implications of Modern Forms of Communication * Directors Located in the UK and Overseas * Outside Interference: Shadow Directors, and other Outsiders * Conclusion

The book describes the difficulties of the current international corporate income tax system. It starts by describing its origins and how changes, such as the development of multinational enterprises and digitalization have created fundamental problems, not foreseen at its inception. These include tax competition—as governments try to attract tax bases through low tax rates or incentives, and profit shifting, as companies avoid tax by reporting profits in jurisdictions with lower tax rates. The book then discusses solutions, including both evolutionary changes to the current system and fundamental reform options. It covers both reform efforts already under way, for example under the Inclusive Framework at the OECD, and potential radical reform ideas developed by academics.

Analysis of the case law test for corporate residence, developed mainly in the United Kingdom beginning in the 19th century, the residence definition adopted in the OECD Model Convention and some of its more common variants, and Canadian domestic statutory provisions.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Series on International Taxation Residence and Economic Substance of Subsidiary Corporations in International and European Tax Law It is well known that multinational corporations establish foreign subsidiaries in great measure to reduce their worldwide tax burden. This groundbreaking book examines the content of the substance requirement in double tax convention residence rules, transfer pricing rules, anti-abuse rules, and controlled foreign corporation rules in the context of international and EU tax law, disentangling the complex relationship between the substance requirements in these four sets of legal rules. Following a descriptive-analytic method, for each substance requirement of the four sets of legal rules, the discussion deals with the content of economic substance in complex scenarios, for example: holding companies; special purpose vehicles; loss-making subsidiaries; subsidiaries with management in more than one state; subsidiaries managed by the parent company; outsourcing; and subsidiaries ‘borrowing’ the substance of other group companies. The author introduces a new method of assessment of substance requirements, offering practical solutions for their uniform application in international and European tax law. In its thorough examination of how substance requirements work and how they are interrelated among different sets of tax rules, this book has no peers. It will be welcomed by taxation practitioners and corporate counsel in Europe and worldwide.

Deals with issues and problems raised by residence of companies for tax purposes, including detailed analysis from a national viewpoint in selected European and North American jurisdictions, Australia and South Africa.

Corporate Explorers Transform Disruption Into Opportunity With This Proven Framework Innovation used to be seen as a game best left to entrepreneurs, but now a new breed of corporate managers is flipping this logic on its head. These Corporate Explorers have the insight, resilience, and discipline to overcome the obstacles and build new ventures from inside even the largest organizations. Corporate Explorers are part entrepreneurs, using innovation disciplines to jump start cutting-edge ideas, and part change leaders, capable of creating support for investment. They see that corporations already own the ideas, resources, and—critically—the talent to build new ventures. Companies like Amazon, Microsoft, Bosch, LexisNexis, and Analog Devices enable managers to put these assets to use and gain an upper hand over startups that threaten to disrupt them. Corporate Explorer is a guidebook to the practices that enable these managers to go from idea into action. It demonstrates how success is not only possible but may offer entrenched companies better odds than venture-capital backed startups. This actionable and proven framework explains how managers can become successful corporate innovators; it includes tools to: Learn how to apply innovation practices with greater discipline Turn great ideas into a full-time job as an innovation leader Experiment with and scale original business models Transform innovation programs into a thriving source of new business Attract, retain, and motivate entrepreneurial talent Energize employees by creating a realistic way to innovate These lessons come from the trailblazers of corporate innovation—Andrew Binns (Change Logic), Charles O'Reilly (Stanford Graduate School of Business), and Michael Tushman (Harvard Business School)—who have decades of experience helping entrepreneurial-minded executives activate employees to become Corporate Explorers. Entrepreneurs take notice—it's time for Corporate Explorers to set the pace and chart the course for disruption.