What is the concept of controlled foreign corporation (CFC) in taxation?

@heather 

A controlled foreign corporation (CFC) is a legal entity that is registered and operates in a foreign country but is controlled by shareholders or executives who are residents of a different country. The concept of CFCs in taxation refers to the rules and regulations imposed by a country to tax the income and assets of its residents or corporations that have control over foreign subsidiaries.

The purpose of these rules is to prevent residents or corporations from using offshore entities to avoid or defer taxes. CFC rules generally apply when a resident owns a significant percentage of shares or has control over the foreign corporation, usually through ownership of voting rights.

Under CFC rules, the country of residence of the controlling shareholders will tax the passive income earned by the CFC, such as dividends, interest, rents, royalties, etc., even if the income is not repatriated to the resident's home country.

To determine if a foreign corporation is a CFC, various factors are considered, such as the level of control or ownership by residents, the type of income earned, and the location of the entity's operations and assets. The exact rules and thresholds vary from country to country.

CFC rules aim to ensure that the global income of residents is subject to taxation, regardless of the location of their assets or investments. They also serve to discourage tax avoidance strategies by multinational corporations, as they deter shifting profits to low-tax jurisdictions.

It is important for individuals and corporations with overseas investments or subsidiaries to understand the CFC rules of their home country and any relevant tax treaties to comply with their tax obligations and ensure proper reporting of income earned abroad.