INCOME TAX – pension fund lending overseas shares under stock lending arrangements – ICTA 1988, Sch 23A – manufactured overseas dividends (‘MODs’) representative of dividends on overseas shares – whether a difference in UK tax treatment between MODs and manufactured dividends representative of dividends on UK shares was a restriction on movement of capital – Art 56 EC Treaty; Art 63 TFEU – whether restriction justified by an overriding reason in the public interest – prevention of tax avoidance – balanced allocation of taxing powers – fiscal cohesion – remedy
Citations:
[2018] UKUT 152 (TCC), [2018] BTC 515, [2019] WLR(D) 544, [2018] STC 1095, [2018] 3 CMLR 35, [2018] STI 1049
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd CA 3-Oct-2019
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At UTTx – Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd SC 27-Apr-2022
The Respondent is the trustee of the British Coal Staff Superannuation Scheme, a registered pension fund holding a large portfolio of shares in UK and overseas companies. Between 2002 and 2008, the pension fund undertook a large number of ‘stock . .
Lists of cited by and citing cases may be incomplete.
Income Tax, European
Updated: 28 April 2022; Ref: scu.616367