A decision of the Upper Tribunal illustrates the difficulties of applying CJEU case law for disputes over pre-Brexit breaches of EU law, write Richard Doran and Davinder Sahota (EY).
The dispute in HMRC v VolkerRail Plant Ltd and others [2022] UKUT 78 (TCC) concerns claims for consortium and group relief for losses incurred by the UK permanent establishment of a Dutch resident company of the group during the accounting periods ending 31 December 2007 2008 and 2009. These claims were denied by HMRC on the basis of the losses in question being ‘deductible from or otherwise allowable against non-UK profits’ pursuant to ICTA 1988 s 403D(1)(c) as it then applied.
The taxpayers had previously argued and the First-tier Tribunal ultimately agreed that the CJEU’s judgment in HMRC v Philips Electronics UK Ltd (Case C-18/11) (which notably considered the application of the same UK domestic...
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A decision of the Upper Tribunal illustrates the difficulties of applying CJEU case law for disputes over pre-Brexit breaches of EU law, write Richard Doran and Davinder Sahota (EY).
The dispute in HMRC v VolkerRail Plant Ltd and others [2022] UKUT 78 (TCC) concerns claims for consortium and group relief for losses incurred by the UK permanent establishment of a Dutch resident company of the group during the accounting periods ending 31 December 2007 2008 and 2009. These claims were denied by HMRC on the basis of the losses in question being ‘deductible from or otherwise allowable against non-UK profits’ pursuant to ICTA 1988 s 403D(1)(c) as it then applied.
The taxpayers had previously argued and the First-tier Tribunal ultimately agreed that the CJEU’s judgment in HMRC v Philips Electronics UK Ltd (Case C-18/11) (which notably considered the application of the same UK domestic...
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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