Case Law

In de Beers Consolidated Mines v Unit Construction Co Ltd 1906 5 TC 198, ‘a company resides … where its real business is carried on … and the real business is carried on where the central management and control actually abides'.

Central management and control is not the same as day-to-day operations. American Thread Co v Joyce 1913 6 TC 163

It is possible for a company to be resident in two jurisdictions. Swedish Central Railway Co Ltd v Thompson 1925 9 TC 342

In Egyptian Delta Land and Investment Co Ltd v Todd 1928 14 TC 119 the place of incorporation was a factor that should be taken into account in determining residence, it did not displace the over-arching rule established in De Beers, that the place where the central management and control actually abides is paramount.

Bullock v Unit Construction Co Ltd 1959 38 TC 712 emphasises the point that central management and control is a question of fact and not necessarily located where it appears to be located.

In Unit Corporation Ltd v IRC 34 TC 269 it was found that the concept of central management and control is directed at the highest level of control of the business of a company.