CORPORATION TAX -s 343 TA – impact of Article 43 (now 49 TFEU) – non-member state transferee – could rights of member state transferor be relied on? No as non EU national involved -Was s 343TA applicable? No in circumstances as 75% test not met – Were provisions discriminatory? No section applied to all companies in the same way whether UK resident or not – Should Tribunal read 75% as 50% so position same for anti-avoidance purposes in s 768 TA? No, Parliament enacted 75%- Appeal dismissed
Citations:
[2011] UKFTT 555 (TC)
Links:
Jurisdiction:
England and Wales
Corporation Tax
Updated: 23 June 2022; Ref: scu.449506
