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Home / Simons-Taxes /Corporate tax /Part D4 Overseas issues /Division D4.1 Non-resident companies /Determining corporate residence / D4.103 Determination of corporate residence for UK tax purposes
Commentary

D4.103 Determination of corporate residence for UK tax purposes

Corporate tax

The residence status of a company is determined for an accounting period. For this purpose a new accounting period begins when the company becomes resident in the UK and an accounting period ends when the company ceases to be so resident1.

A company is resident in the UK if:

  1. Ìý

    •ÌýÌýÌýÌý it is incorporated in the UK, known as the 'statutory test' or 'incorporation rule'2, or

  2. Ìý

    •ÌýÌýÌýÌý the central management and control of its business is in the UK (see D4.104), the meaning of which derives from case law, hence being referred to as the 'case law test'. It is directed at the highest level of control of a company's business, being a question of fact who exercises this control and where it is exercised

If a company is incorporated in the UK, then it is resident in the UK and it is not necessary to consider where it is centrally managed and controlled.

Incorporation rule

The incorporation rule (or 'statutory rule') was introduced with effect

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Web page updated on 17 Mar 2025 14:32