In Six Continents v HMRC [2016] EWHC 2426 (5 October 2016) which turned on the computation of the company’s tax credit the High Court found in favour of Six Continents in relation to two issues but agreed with HMRC in relation to a third.
Six Continents had claimed restitution of corporation tax unlawfully levied on dividends received from its Dutch wholly owned subsidiary SCIH. The chargeable amounts had been computed under ICTA 1988 Sch D Case V; and the unlawfulness of the charge had been established by the CJEU in Test Claimants in the FII Group Litigation v HMRC (Case C-35/11).
The issue was the extent of the notional credit for foreign tax (at the Dutch standard rate of corporation tax) to which Six Continents was entitled. There were three questions:
Was Six...
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In Six Continents v HMRC [2016] EWHC 2426 (5 October 2016) which turned on the computation of the company’s tax credit the High Court found in favour of Six Continents in relation to two issues but agreed with HMRC in relation to a third.
Six Continents had claimed restitution of corporation tax unlawfully levied on dividends received from its Dutch wholly owned subsidiary SCIH. The chargeable amounts had been computed under ICTA 1988 Sch D Case V; and the unlawfulness of the charge had been established by the CJEU in Test Claimants in the FII Group Litigation v HMRC (Case C-35/11).
The issue was the extent of the notional credit for foreign tax (at the Dutch standard rate of corporation tax) to which Six Continents was entitled. There were three questions:
Was Six...
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