Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Keeping house

23 October 2012 / Sean Ferguson
Issue: 4376 / Categories: Comment & Analysis , Companies

The importance of the De Beers Consolidated Mines case in determining corporate residence

In 1906 Lord Loreburn sitting in the House of Lords uttered these words on the matter of corporate residency:

“In applying the conception of residence to a company we ought I think to proceed as nearly as we can upon the analogy of an individual. A company cannot eat or sleep but it can keep house and do business. We ought therefore to see where it really keeps house and does business. An individual may be of foreign nationality and yet reside in the United Kingdom. So may a company. Otherwise it might have its chief seat of management and its centre of trading in England under the protection of English law and yet escape the appropriate taxation by the simple expedient of being registered abroad and distributing its dividends abroad.”

This maxim established in De Beers Consolidated...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon