CFC rules: when your home country taxes your offshore company
Controlled foreign corporation rules let a country tax its residents on the profits of a foreign company they control, each year, before any dividend is paid. They switch on when you hold more than about 50%, the company pays far less tax than it would at home, and its income is the movable kind: interest, dividends, royalties, or profit with no staff behind it.
A 0% company with a real business and real people usually stays outside. A 0% company that just holds money for you usually does not.
The company abroad is formed, the bank account is open, and the tax rate where it sits is zero. Then someone asks the question that matters: what does your own country think of all this? For many owners the answer is a set of rules written for exactly this case. They do not stop you having the company. They decide whether its profit is taxed on you anyway, this year. Here is how those rules work, what 17 countries actually say, and how to tell where your company falls.
Key takeaways
- CFC rules tax you on the company's profit as it is earned, even if nothing is paid out.
- Three tests decide it: control (usually over 50%), low tax (Germany: under 15%; UK and Spain: under 75% of home tax) and type of income.
- Passive income is the target. A trading business with staff and premises where it is based is usually left alone.
- In the US, GILTI became net CFC tested income for tax years from 2026, taxed at about 12.6% for a company owner.
- The UK, France and the Netherlands apply their CFC rules to companies, not individuals, though other rules reach individuals.
- Switzerland, Singapore, Hong Kong and the UAE have no CFC rules. Residence still matters if you run the company from home.
What controlled foreign corporation rules do
Normally a company is taxed where it is resident, and you are taxed when it pays you. That gap is the point of a low-tax company: profit can build up at 0% and come home later, or never. CFC rules close the gap for the income a country thinks was parked abroad only for the tax. They take the profit of the controlled company and add your share to your own taxable income, year by year, as if it had been paid to you.
The US was first, with Subpart F in 1962. The EU made every member state adopt a version from 1 January 2019 through its Anti-Tax Avoidance Directive. Most other large economies have one. Each country writes its own thresholds, so the same company can be fine for a founder in one country and taxable for a founder in the next.
CFC rules move the tax point from the dividend to the day the profit is made, for the owner who controls the company.
The three tests every CFC rule runs
Strip away the detail and every regime asks the same three questions, in this order. Fail any one and the rule does not apply to that income.
- Do you control it?Usually more than 50% of the votes, capital or profits, counting shares held by related people. The US adds a 10% floor per owner; the UK needs a 25% interest before a UK company is charged; France drops to 5% in some group cases.
- Is it low-taxed?Measured against home tax. Under the EU directive, the company is low-taxed if what it pays is less than half of what it would pay at home. Germany uses a flat "under 15%", the UK and Spain "under 75% of our tax", Japan "under 20%", the Netherlands "under 9% or on a list".
- What kind of income is it?Interest, dividends, royalties, insurance and financial income, and invoicing companies that add little, are the classic targets. Real trading or services income, earned with people and premises where the company is, is usually outside. Some countries, such as Spain where the company has no staff or premises, tax all of it.
Control, low tax, passive income. All three must line up before your country taxes the company's profit on you.
Would your company be caught? Run it through 17 countries
Pick where the company is, how much you own and what it earns. The checker applies the main tests from the table below for each country. It is a first screen, built on headline rules: exemptions for small profits, related-party details and treaty points can change the answer, so take the result to an adviser in your country.
Rates are the ones a company of that type usually pays on profit, from our tax guides. "Depends" means the rule turns on facts the checker does not ask, or on rules for individuals this page does not cover.
Where do you live? pick it
Passive income in a 0% company is caught almost everywhere. Real trading with real staff is caught almost nowhere.
The EU model: ATAD Articles 7 and 8
Every EU member state has had CFC rules since 1 January 2019, because the Anti-Tax Avoidance Directive, Article 7 required them. It sets a floor, and states may go further. The control test is a holding of more than 50% of votes, capital or profits, alone or with associated enterprises. The low-tax test compares the tax the company actually pays with what it would pay at home: the company is caught if it pays less than the difference, which in plain numbers means less than half the home tax. Then each state picks one of two ways to decide what income to tax:
- Interest and other financial income, royalties and IP income, dividends and gains on shares
- Financial leasing, insurance and banking income
- Invoicing companies that buy from and sell to related parties and add little value
- Exempt where the company carries on a substantive economic activity with staff, equipment, assets and premises
- Only income from arrangements put in place for the essential purpose of a tax advantage
- Tests whether the key people functions that earn the income sit in the parent state
- Used by Cyprus, Estonia, Hungary, Ireland, Latvia, Luxembourg, Malta and Slovakia, with Italy adding a passive test
Article 7(4) lets states skip small companies: accounting profits up to EUR 750,000 with non-trading income up to EUR 75,000, or profits of no more than 10% of operating costs. Article 8 then sets the maths: the inclusion is computed under home rules, in proportion to your share, in the year the company's tax year ends, with credit for tax the company paid and no second tax when profit is later paid out (Article 8).
Model choice by state from a Big Four implementation overview of September 2024. Germany, the Netherlands, Spain, Austria, Belgium, Denmark, Portugal and Sweden are among the Model A states; Bulgaria taxes all undistributed profit of a CFC with a substance exception; France and Poland kept their own systems.
The EU floor is over 50% control and under half the home tax. Inside the EU, a real business with real staff is protected.
CFC rules by country: thresholds, income and exemptions
The rules for the countries most of our clients live in. "In numbers" turns a relative test into a rate at today's home tax rate, so you can set it against what your company pays. Each row links to the law or the tax authority, or to a Big Four summary where the official text could not be read.
Showing all 17
| Control | Low-tax test | Income caught | Main exemptions | Individuals | Source | ||
|---|---|---|---|---|---|---|---|
| United StatesSubpart F and NCTI | Over 50% by US shareholders, each holding 10% or more | No test for NCTI; Subpart F income skipped if foreign tax is over 90% of the 21% rate | 18.9% Subpart F | Subpart F: passive income. NCTI: almost all other profit | High-tax exception; s.962 election for individuals | Yes | 26 USC 957, 954 |
| United KingdomTIOPA 2010 Part 9A | Over 50% control; UK company charged if it holds 25% | Exempt if local tax is at least 75% of UK tax (UK rate 25%) | 18.75% | Only profits through a gateway: UK activities, non-trading and trading finance, captive insurance | 12-month exempt period, excluded territories, profits up to GBP 50,000 (or 500,000), 10% margin | No; transfer of assets abroad rules instead | s.371NB, 371LB |
| GermanyAStG s.7 to 14 | Over 50% of votes, capital or profits, with related persons | Income taxes under 15% | 15% | Income outside the active list in s.8(1): mainly passive income and some related-party trading and services | EU/EEA substance; passive income up to a third of the total and EUR 100,000 (from 2026) | Yes, taxed at your full rate, no flat 25% | AStG s.8, s.9 |
| FranceCGI art. 209 B | Over 50%; 5% where French companies hold over 50% | Tax 40% or more below French tax | 15% at 25% | All profits, taxed as investment income of the French company | Inside the EU only artificial arrangements; safe harbours outside it | No; art. 123 bis covers individuals | BOFiP 238 A, 209 B |
| SpainLIS art. 100, LIRPF art. 91 | 50% or more, with related parties and close family | Foreign tax under 75% of Spanish tax | 18.75% at 25% | All income if no staff and premises; otherwise listed passive income | Passive income under 15% of total; EU/EEA real economic activity | Yes | LIS, LIRPF |
| ItalyTUIR art. 167 | Direct or indirect control | Effective tax under half the Italian tax; simplified 15% test since 2024 | 15% simplified | Applies where over a third of revenue is passive | Optional 15% substitute tax on accounting profit | Not confirmed | Published tax summary |
| NetherlandsWet Vpb art. 13ab | Over 50% of capital, votes or profits, with related parties | Profit tax under 9%, or on the EU non-cooperative list; published yearly as a list | 9% or listed | Interest, royalties, dividends and share gains, leasing, insurance and banking, low-value invoicing | Mainly untainted income; substantial economic activity | No; applies to companies | 2026 list, Wet Vpb |
| AustraliaITAA 1936 Part X | Five or fewer Australians with 50%, or one with 40%, or de facto control | No rate test; "listed" countries such as the UK get narrower rules | Listed or not | Tainted income unless it is under 5% of the total (active income test) | Active income test; listed-country treatment | Yes | Published tax summary |
| CanadaFAPI, ITA s.91 and 95 | Controlled foreign affiliate: over 50% of votes with related persons | No rate test; foreign tax gives a grossed-up deduction | No rate | Foreign accrual property income: passive and investment business income | Investment business with more than five full-time employees | Yes | Published tax summary |
| JapanTax haven rules | Over 50% by Japanese residents; you need 10% | Under 20%; paper companies under 27% | 20% or 27% | Passive income, or all income of a paper or cash-box company | Economic activity tests | Yes | Published tax summary |
| BrazilLei 12.973/2014, Lei 14.754/2023 | Control, alone or with related persons | Individuals: tax haven or privileged regime, or active income 60% or less | Listed or passive | Companies: all profit of controlled foreign companies. Individuals: profit taxed at 15% each 31 December | Individuals may opt to treat the company as transparent | Yes, since 2024 | Fazenda Q&A |
| South AfricaIncome Tax Act s.9D | Over 50% held by residents; you need 10% with connected persons | Exempt if foreign tax is at least 67.5% of South African tax (27%) | 18.2% | Net income of the CFC | High-tax exemption; foreign business establishment exclusion | Yes | Published tax summaries |
| IndiaNo CFC regime | None | None | None | None under CFC rules; a company run from India can be Indian resident (place of effective management) | Place of management rule skips foreign companies with turnover up to INR 500 million | Residence rule applies | Income-tax Act, s.6 |
| Switzerland | None | None | None | No CFC rules | Not applicable | Not applicable | Published tax summary |
| Singapore | None | None | None | No CFC rules | Not applicable | Not applicable | Published tax summary |
| Hong Kong | None | None | None | No CFC regime | Not applicable | Not applicable | Published tax summary |
| United Arab Emirates | None | None | None | Corporate tax law has no CFC regime, per the Ministry of Finance | Not applicable | Not applicable | MoF |
The Dutch list, in practice
The Netherlands is the one country that publishes its low-tax places by name. The 2026 list, in force from 1 January, names the Bahamas, Bahrain, Bermuda, the British Virgin Islands, Guernsey, the Isle of Man, Jersey and the Cayman Islands among others, plus Panama through the EU's non-cooperative list. Belize, Seychelles, the Marshall Islands, Saint Kitts and Nevis, the UAE, Hong Kong and Mauritius are not on it. The EU removed Panama from its own list on 9 October 2026, so the 2027 Dutch list may change; our EU tax blacklist record tracks every listing.
Most low-tax lines sit between 15% and 19%. A 0% company is below every one of them.
The US rules: Subpart F, and GILTI's successor
The US is the strictest system for its own people, and it follows citizens wherever they live. A foreign company is a CFC when US shareholders own more than 50% of its vote or value, and a US shareholder is any US person owning 10% or more (26 USC 957, 951). Two layers then apply:
Individuals are taxed on these inclusions at their own rates, unless they elect under section 962 to be taxed like a company, with credit for the foreign tax. A US person who owns less than 10%, or a company that is not a CFC, can still meet the passive foreign investment company rules if 75% or more of its income is passive (26 USC 1297). 2026 also restored the old limit on counting a foreign parent's shares as owned by its US subsidiary.
The other direction. If you do not live in the US and own a US LLC, US CFC rules do not concern you: they apply to foreign companies owned by US persons, and your LLC is a US entity. Our reading is that the question flips to your home country, which may treat a single-member LLC as transparent or as a company. The IRS treats a foreign-owned single-member LLC as a company only for its Form 5472 reporting (IRS Form 5472 instructions); our Form 5472 guide covers that filing.
For a US person, almost any controlled foreign company profit lands in the US return each year, passive or not.
The other trap: where the company is run from
CFC rules tax your share of the profit. A different rule can do worse: treat the company itself as resident in your country, taxing all its profit there at the full corporate rate. Many countries look at where the company is managed. In the UK it is central management and control, in India the place of effective management, defined as where "key management and commercial decisions" are made in substance (Income-tax Act, section 6). A company whose only director signs everything from a kitchen table at home can end up resident at home, CFC rules or not.
Say you live in Germany and own a BVI company outright
It holds investments
It sells your consulting
Pillar Two, the 15% global minimum tax, is not the issue for owner-managed companies. It applies to groups with revenue of EUR 750 million or more (HMRC MTT11010). For everyone else the questions are the ones on this page: CFC and residence.
Avoiding CFC rules does not help if the company is run from home. Both questions need an answer.
What this means if you form a company with us
None of this makes an offshore company pointless. It decides which company, and how it is run. The moves that matter:
- Start from your country, not oursRun the checker above for where you live. If you live in the UAE, Switzerland, Hong Kong or Singapore, there is no CFC rule to meet. If you live in Germany, Spain or the US, plan around it.
- Give the company a real businessTrading or services income, earned by people who work for the company where it is, falls outside almost every rule. A UAE free zone company with a visa and an office, or a Cyprus company with local staff, is built for that.
- For passive income, check the rate against your thresholdA company paying 15% is not low-taxed for a German owner, and Cyprus taxes companies at 15% from 2026. For a Spanish owner the line is 18.75%, so the same company is caught. A 0% BVI or Cayman holding company is low-taxed everywhere.
- Keep management where the company isBoard decisions taken abroad, minutes kept, and directors who decide. Our nominee director guide explains what a local director can and cannot do for residence.
- Expect your tax office to knowBanks report company accounts and their controlling people under the CRS, and crypto platforms under DAC8 and the CARF. Plan as if the company is visible, because it is. The tax haven list compares company rates if you are still choosing.
Pick the company for the income it will earn and the place it will be run, then check your home rule.
CFC rules questions, answered
What are controlled foreign corporation rules?
What is a CFC under US tax law?
Has GILTI been replaced?
Do UK CFC rules apply to individuals?
What is the German CFC low-tax threshold?
What are the EU ATAD CFC rules?
Which countries have no CFC rules?
Do CFC rules apply to a US LLC owned by a non-US person?
Changelog
- 13 November 2026: first published, with ATAD Articles 7 and 8, the US Code after the 2025 changes, TIOPA 2010 Part 9A, AStG as in force 24 December 2025, BOFiP, LIS and LIRPF, the Dutch 2026 low-tax list, the Brazilian Fazenda guidance and Big Four country summaries where official text could not be read. Rules change often; we update the table when a threshold moves.
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