The Upper Tribunal in Burlington Loan Management DAC dismissed HMRC’s appeal, holding that HMRC was wrong to apply a UK-centric approach to the interpretation of the UK/Irish double tax treaty and instead applying one based on the object and purpose of the treaty. Only arrangements which secure an allocation of taxing rights between the UK and Ireland that is contrary to that object and purpose would fall afoul of the anti-abuse rule in the treaty.
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The Upper Tribunal in Burlington Loan Management DAC dismissed HMRC’s appeal, holding that HMRC was wrong to apply a UK-centric approach to the interpretation of the UK/Irish double tax treaty and instead applying one based on the object and purpose of the treaty. Only arrangements which secure an allocation of taxing rights between the UK and Ireland that is contrary to that object and purpose would fall afoul of the anti-abuse rule in the treaty.
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
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