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A person abroad can take many forms, for example an individual, a body of trustees or an incorporated company (INTM600360).

Whether an entity established outside the UK is a ‘person abroadâ€� is a matter that must be determined from the particular facts, including a consideration of the relevant foreign commercial law under which the entity is formed and the internal constitution of the entity. »Ê¹ÚÌåÓýapp approach to be taken and factors likely to need consideration in any instance where there is doubt about whether an entity has the appropriate characteristics of being a person are likely to be similar to those described at INTM180000.

This manual provides an indication of views taken on a number of foreign entities. Broadly speaking, any entity that is seen as fiscally opaque for UK tax is likely to be regarded as a ‘person� for the purpose of these provisions. Similarly, where an entity is considered fiscally transparent for UK tax, it is likely that it should not be regarded as a ‘person� for these purposes.

Where an entity is regarded as being a legal person within the law of the territory in which it is established, even though it is not of a form that is immediately recognisable with a UK equivalent, it is likely that it would be accepted as a person abroad for the purpose of these provisions. Two common examples are mentioned below.

»Ê¹ÚÌåÓýapp most common forms of foreign entity seen in transfer of assets cases are companies and trusts. A company is a person as is the body of trustees of a trust. Perhaps the next most common form of entity is an Anstalt (Establishment) or Stiftung (Foundation). Generally, we treat an Anstalt like a company, and a Stiftung like a discretionary trust. »Ê¹ÚÌåÓýappse are both normally regarded as persons for the purpose of the transfer of assets provisions.