Beneficial Ownership CASES
In English law, beneficial ownership refers to the right to enjoy the benefits of property, including income or profits, even though legal title may belong to another person (the legal owner).
Definition and Principles
A beneficial owner has an equitable interest in property, entitling them to its benefits. Legal ownership, however, may reside with another party acting as trustee or nominee. Beneficial ownership frequently arises in trusts and corporate structures.
Common Examples
- A beneficiary in a trust arrangement, who enjoys income from trust assets.
- Shareholders who hold shares through nominee accounts.
- Individuals who retain benefits from assets legally registered in another’s name.
Legal Implications
- Beneficial owners have enforceable equitable rights against legal owners.
- Disclosure requirements (e.g., company registers) often apply to beneficial ownership.
Practical Importance
Understanding beneficial ownership clarifies rights and obligations in property, financial transparency, and helps address issues such as tax liabilities, money laundering, or corporate governance.
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Royal Bank of Canada (RBC) received interest from a US LLC. HMRC denied tax relief. The Supreme Court held that RBC, as the ultimate recipient, was 'beneficially entitled' to the income, not the fiscally transparent LLC, thus applying the UK/Canada treaty and granting relief. Facts The Royal Bank of Canada (RBC), a company resident in Canada for tax purposes, made loans to a UK resident company. The structure involved the UK company paying interest to a Limited Liability Company (LLC) established in Delaware, USA. This LLC was wholly owned by RBC. Under United States tax law, the LLC was treated
