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Firestone Tyre And Rubber Co

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Firestone Tyre And Rubber Co
In Firestone Tyre and Rubber Co. Ltd v. Llewellyn (1956) 1 WLR 464, it was held that the plaintiff company was the wholly owned subsidiary of an American company. The plaintiff company is an American tyre company which manufactures and fulfilled orders for tyre from authorized distributors in Europe. The company made payment in the United Kingdom. The plaintiff company retained some of these payments, and remitted those balance to its parent company in America. The American company had an agreement with these distributors company, and of course the plaintiff company. The agreement stated that the business with the European distributors are not carried on the United Kingdom, hence the business are not subject to United Kingdom tax. The agreement was actually bringing the means that the plaintiff company is acting as its parent company’s agent and carried on the business in United Kingdom. The court said that a parent company and its subsidiary company are different legal entities. In order to become an agent of a company, there must have an agency contract between the two companies. The agreement as stated above are resulted from the trading agreement. As a result, the business was carried on the United Kingdom and was subject to United Kingdom tax.

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