This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Jersey companies were centrally managed and controlled in Jersey and not in the UK

By Mark McLaughlin, September 2019

The Upper Tribunal held that the decision of the First-tier Tribunal that three Jersey companies (subsidiaries of a UK parent) were resident in the UK was incorrect as a matter of law, and that central management and control was exercised in Jersey and not in the UK. 

Summary 

The Upper Tribunal (UT) held that the decision of the First-tier Tribunal (FTT) that three Jersey companies (subsidiaries of a UK parent) were resident in the UK was incorrect as a matter of law and that central management and control (CMC) was exercised in Jersey and not in the UK. 

Background 

In October 2014, HM Revenue and Customs (HMRC) denied the appellant companies various capital loss reliefs on the disposal by the appellants in 2004 of certain assets. The relevant assets

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Expenditure on preparatory work was ineligible for capital allowances
By Mark McLaughlin, June 2026
Company liable to penalty of £1m for failing to comply with its obligations under the DOTAS rules
By Mark McLaughlin, February 2026
Expenditure on preparatory work was eligible for capital allowances
By Mark McLaughlin, May 2025
Tribunal did not have jurisdiction to consider applications that documents were privileged communications
By Mark McLaughlin, February 2025
Relief only available on part of company's expenditure
By Mark McLaughlin, May 2021