01 · Personal tax residence
Where is the owner personally resident under the domestic rules of the relevant countries? If more than one state claims residence, does an applicable treaty change the position for treaty purposes?
Personal tax residence, company tax residence and CFC exposure are separate legal questions. We map the facts behind all three, identify where they interact and coordinate the jurisdiction-specific conclusions needed for the structure.
A founder moves, directors begin working from another country, a foreign holding company accumulates profits, ownership changes or distributions are planned. The corporate chart may look unchanged while several tax analyses now need to be reopened.
The same facts can matter across several workstreams, but each legal question has its own connecting factors, statutory conditions and evidence.
Where is the owner personally resident under the domestic rules of the relevant countries? If more than one state claims residence, does an applicable treaty change the position for treaty purposes?
Where is the entity resident under the domestic rules applicable to its legal form — incorporation, statutory seat, management or other connecting factors? If two states claim residence, the applicable treaty may require a separate analysis.
If the company remains foreign, does the owner’s country nevertheless attribute some of its income under domestic CFC rules? Control, entity classification, income type, taxation and available exceptions must be tested separately.
The owner enters a new tax system while foreign entities, retained profits and existing governance remain in place.
Directors, founders or key decision-makers begin carrying out recurring management functions from another country.
A foreign company is inserted above operating businesses, investments or IP and the owner-country consequences were not mapped first.
Shares, voting rights, economic entitlements, family ownership or indirect interests change the control analysis.
Retained earnings, dividends, interest, remuneration or other owner-level flows alter the tax and evidence picture.
An external reviewer asks whether the declared residence, management, ownership and flow narrative matches the operating reality.
A residence or CFC conclusion is only as reliable as the factual model underneath it.
For an individual, German unlimited income-tax liability can arise where the person has a Wohnsitz or gewöhnlichen Aufenthalt in Germany under § 1 EStG and §§ 8–9 AO. That personal nexus does not by itself answer the residence of a foreign company or whether German CFC rules apply.
On the company side, management facts can require a separate German corporate-residence analysis; § 10 AO defines Geschäftsleitung as the centre of business management. If the entity remains foreign for the relevant analysis, German CFC rules under §§ 7 ff. AStG can become a separate owner-level workstream, subject to their own statutory conditions.
The sequence matters: individual nexus → entity classification and company-residence facts → foreign-company status → ownership/control → income and CFC tests.
The workstream must be connected to the rest of the structure without treating adjacent issues as the same legal test.
Company-residence questions can become more important than CFC if ongoing management has moved with the founder.
A company may remain resident abroad while functions performed in another country create a separate PE analysis.
Dividends and other owner payments require their own source, residence, treaty and domestic-tax analysis.
Evidence should reflect the functions and decision-making model that actually exists; documents are not a substitute for operating reality.
CRS tax-residence classifications, KYC/UBO records, source-of-wealth evidence and the banking transaction narrative should not contradict the factual tax and ownership structure.
Changing ownership or management to solve one tax issue can create another. Sequence and local validation matter.
Personal and entity residence questions separated by jurisdiction, legal form and relevant dates.
Direct and indirect interests, rights and related-person facts relevant to owner-country CFC analysis.
Income categories, retained profits, foreign tax and expected owner-level flows placed into the correct workstreams.
What supports the stated management, residence, control and economic model — and where the record is incomplete.
Precisely framed questions for the qualified tax or legal specialists who must confirm jurisdiction-specific conclusions.
What should be confirmed, documented, changed or monitored first, without solving one interface in isolation.
No. They are separate legal questions. Personal residence concerns the individual; company residence concerns the entity under the applicable domestic law and, where relevant, treaty framework; CFC rules are owner-country rules that may apply to interests in foreign entities when their statutory conditions are met.
There is no single global CFC tax. Domestic CFC regimes can bring specified income of a controlled foreign entity into a resident owner's tax base or otherwise impose owner-level consequences when statutory conditions are met. Control, income categories, low-tax tests, exemptions, attribution and filing differ by jurisdiction.
No. A founder's move is a trigger for a fresh factual and legal review, not an automatic residence transfer. The relevant company-residence test depends on the applicable domestic law, the entity's legal classification, where management functions are actually exercised and any applicable treaty rules.
Potentially yes. Company residence and CFC are separate analyses. A company can remain foreign for the relevant residence analysis while the owner's country still requires a CFC test under its own domestic rules.
No. Ownership percentage is only one input. Depending on the applicable CFC regime, the analysis may also involve direct and indirect interests, voting or economic rights, related persons, coordinated conduct, entity classification, income type, taxation and statutory exceptions. The relevant owner-country rules must therefore be tested before a CFC conclusion is reached.
LEXONYX maps the owner, entities, residence facts, management, control, income, distributions and connected jurisdictions; identifies which legal and tax questions must be answered in each jurisdiction; coordinates appropriately qualified specialists where required; and integrates the conclusions into a structural and implementation roadmap.
Send the ownership chart, jurisdictions, recent or planned moves, where decisions are made, what foreign entities earn and which distributions are expected. We will map the workstreams and identify the jurisdiction-specific conclusions that need to be confirmed.
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