Mike Lane and Zoe Andrews (Slaughter and May) examine recent decisions of interest and the latest transfer pricing and diverted profits tax statistics.
Gallaher: group transfer rules imposing immediate tax charge were EU-compliant
Gallaher v HMRC (Case C-707/20) concerned two disposals by Gallaher (a UK company): the 2011 disposal of intellectual property to its Swiss sister company (JTISA) and the 2014 disposal of shares to a Dutch intermediate parent company (JTIH). In both cases the transferee was outside the scope of UK corporation tax and so prevented from having no gain/no loss treatment applied to those transfers under TCGA 1992 s 171 or the equivalent for intangible fixed assets in CTA 2009 s 775 and s 776. The question was whether the UK’s group transfer rules were contrary to EU law because they triggered an immediate tax charge with no option for deferring payment of the charge...
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Mike Lane and Zoe Andrews (Slaughter and May) examine recent decisions of interest and the latest transfer pricing and diverted profits tax statistics.
Gallaher: group transfer rules imposing immediate tax charge were EU-compliant
Gallaher v HMRC (Case C-707/20) concerned two disposals by Gallaher (a UK company): the 2011 disposal of intellectual property to its Swiss sister company (JTISA) and the 2014 disposal of shares to a Dutch intermediate parent company (JTIH). In both cases the transferee was outside the scope of UK corporation tax and so prevented from having no gain/no loss treatment applied to those transfers under TCGA 1992 s 171 or the equivalent for intangible fixed assets in CTA 2009 s 775 and s 776. The question was whether the UK’s group transfer rules were contrary to EU law because they triggered an immediate tax charge with no option for deferring payment of the charge...
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
