Her Majesty’s Treasury

Restricted HM Treasury Brief: Taxing Controlled Foreign Companies

Emerging thinking on overall shape of new regime
•Entity v Income
•Balance between objective and purposive approachesObjective approachwould work by designing simple tests as proxies for artificial diversion from the UK Purposive approachwould work by having an over-riding principle that would apply to profits held in low tax jurisdictions
•Based on feedback from working groups, questionnaires and wider business consultation, preferred shape of new regime:
•Entity rather than income basis, but moving away from an ‘all or nothing’ approach
•Prefer to start with simple/certain objective tests, reducing pressure on subjective purpose based test
•Avoid tracing rules