Information on rules to stop companies from reducing UK tax by diverting profits to tax shelters and preferential regimes, and the exemptions.
This guidance relates to Controlled Foreign Companies (CFC) with accounting periods beginning on or after 1 January 2013.
A foreign company is a CFC if it’s a non-resident UK company that’s controlled by a UK resident person or persons.
Control is determined by reference to:
- legal control
- economic control
- a joint venture test
- accounting standards
Rules and Exemptions
The CFC rules are anti-avoidance provisions designed to prevent diversion of UK profits to low tax territories.
If UK profits are diverted to a CFC, those profits are apportioned and charged on a UK corporate interest-holder that holds at least a 25% interest in the CFC.
The regime operates by applying a series of charge gateways to different types of profits to identify any profits diverted from the UK that will then be apportioned and charged on the relevant UK corporate interest-holders. There are also a number of entity level exemptions to reflect the fact that it’s considered that the majority of CFCs are set up for genuine commercial reasons and to reduce the compliance burden in applying the rules.
Accounting periods beginning before 1 January 2013
If you need further guidance on a particular CFC case, you can write to:
HM Revenue and Customs
Business Assets and International
Base Protection Policy Team
10 South Colonnade
London NE98 1ZZ
Send any queries on a particular CFC case by email to: email@example.com
HMRC will not give you guidance if it’s going to be used to facilitate tax avoidance.