INTM256860 - Controlled Foreign Companies: Reviews: Other considerations
When looking at the accounts of overseas companies for Chapter IV purposes the Officer should be alert also for information that can be of value elsewhere, in particular for ways designed to keep profits outside the United Kingdom. Watch also for ways to send profits here without paying tax. See the following examples.
Company Residence
An overseas company says it is resident outside the United Kingdom. When the facts are looked at more closely, however, it is found to be controlled and managed here. It is therefore resident here (INTM254400).
Profit Importation
A company is until now resident outside the United Kingdom. It transfers its control and management here. It then pays its stored profits to its parent company as a dividend. Such cases should be reported to CSTD Business, Assets & International Base Protection Policy team.
Upstream Loans
An overseas company has surplus profits on which it has paid little or no tax. It lends these profits to its United Kingdom parent. The loan has no tax effect. The payment of a dividend, however, would be taxable. Such cases should be reported to CSTD Business, Assets & International Base Protection Policy team.
Loss Importation
An overseas company carries on business mainly abroad. It says it is controlled and managed here. In this way it can use its trading losses or expenses of management, etc. It does this by claiming group relief and a set-off against United Kingdom profits. Such cases should be reported to CSTD Business, Assets & International Base Protection Policy team.
Transfer Pricing
An overseas company shows in its accounts dealings with or loans to United Kingdom associates. The deals may not be at market value or the loan interest may not be at a commercial rate. In that case the Officer should think about using TIOPA10/Part 4 (previously ICTA88/SCH28AA) to adjust the profits of the associates.
The Officer may not be able to challenge some of these methods as the law stands. It is still important that CSTD Business, Assets & International Base Protection Policy team is kept up to date about how widely companies use such methods.