When identifying the place of effective management (‘POEM’) of a trust for the purposes of Capital Gains Tax and the ‘Round the World’ tax planning scheme, which is only effective where the POEM of the trust is in Mauritius, the correct test is that set out in HMRC v. Smallwood [2010] EWCA Civ 778, not the approach adopted in Wood v. Holden [2006] EWCA Civ 26: https://caselaw.nationalarchives.gov.uk/ukut/tcc/2024/58
Charles Cooper | Barrister 