CTM34440 - Residence: avoidance transactions: consent does not determine residence

ICTA88/S765 and ICTA88/S765A

Treasury consent does not determine residence. Consent to an application under subsection (1)(a) for a company to cease to be resident is not recognition that the company would in fact become non-resident. Similarly a Treasury consent under subsection (1)(c) or (d) is not a recognition that the non-resident subsidiary in relation to which the consent was given is, in fact, not resident. If, therefore, you have reason to believe that the residence status is not as claimed, there is no reason why it should not be examined in the normal way in accordance with INTM120000 onwards.