De Beers Consolidated Mines v Howe, 1907 UKHL 626
Citation:De Beers Consolidated Mines v Howe, 1907 UKHL 626
Rule of thumb:Where is a business located? A business is located in the place where the decisions are made for how it is to be run – place of registration is irrelevant.
Judgment:
The Court in this case held that regardless of where the company was registered, the company was headquartered in the place where it ran the business, and this meant the location of where the head office directors were – and this was where corporation tax was to be paid.
Ratio-decidendi:
‘… 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”. Court opinion
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.