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2966002
Residence for companies
Description
Mind Map on Residence for companies, created by Mat Wong on 18/06/2015.
Mind Map by
Mat Wong
, updated more than 1 year ago
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Created by
Mat Wong
over 9 years ago
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Resource summary
Residence for companies
company
place of incorporation
incorporated in australia under Corps Act 2001 is a tax resident
conclusion
Central management
Carry on business in australia:
where activities are carried on: depends on the main business
operational activities (manufacturing)
where activities take place
Passive dealings (share trading)
where decisions are made
controlling shareholders
Voting power is controlled by shareholders who are residents of Australia (> 50% voting power at GM)
Company's central management and control must be located in australia
Question of fact of real control
where actual high level decision-making processes are made
where monitoring of overall corporate performance occurs
CS: Malayan shipping Co Ltd V FCT (1946)
day-to-day management over business operations does not amount to central management and control
CS: Koitaki Para Rubber Estates v FCT (1940)
conclusion
controlling shareholders
conclusion
Main conclusion
conclusion
conclusion
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