Taxation theory help!

ABCCBA

Hi, Could anyone explain what are factors that are considered in determining whether a company is tax resident in Ireland?

and

the conditions that must be satisfied for companies to form a group
(i) For trading losses and chargeable gains purposes
(ii) For intra group interest and royalty payment purposes


Thank you

Marcusm

ABCCBA wrote: »

Hi, Could anyone explain what are factors that are considered in determining whether a company is tax resident in Ireland?

and

the conditions that must be satisfied for companies to form a group
(i) For trading losses and chargeable gains purposes
(ii) For intra group interest and royalty payment purposes


Thank you

Homework?

Google De Beers Consolidated Mineworks for case law on "Central management and control" as a determinant of corporate residence (interesting potted history of colonial enterprise therein). Google "Irish registered non resident" for the basis on which an Irish incorporated company is not Irish tax resident.

Overlay all of this with conflict of laws issues and double taxation tiebreakers.

Then for group relief, get out your books.

ABCCBA

This is not my homework. Those theories came for my last exam in May and I didn't get a full marks of it. Just want to know if someone can give me a full details of those two theories.

musicfan1ie

Would it not be easier to use your course manuals or google the results. The Revenue would have good notes on these topic

Mr. Incognito

http://www.revenue.ie/en/tax/ct/basis-charge.html

For royalties and cgt groups, read the relevant sections of the legislation.

You have to go directly to the legislation and not third or second hand info

http://www.irishstatutebook.ie/1997/en/act/pub/0039/print.html#part12

Chapter 5 section 410 for group relief.

It cross references royalties Section 238 and interest S246

If you want to learn about or work in tax you need to be able to go straight to source