SCIT DOUBLE TAXATION AGREEMENT – non-discrimination – whether UK permanent establishment of Swiss company entitled to payment of the tax credit on dividends under s 243 Taxes Act 1988 – yes, on the interpretation of the treaty – whether treaty incorporated into UK law by s 788 to give effect to the payment – no
Citations:
[2005] UKSPC SPC00480, [2005] STC (SCD) 589
Links:
Cited by:
Appeal from – UBS Ag v HM Revenue and Customs ChD 7-Feb-2006
The bank, based in Switzerland sought tax credits for the activities of its London branch.
Held: Although the argument under s243 directly failed, the claim under section 788(3) had to succeed. The Swiss company was entitled to the same tax . .
At SCIT – HM Revenue and Customs v UBS Ag CA 21-Feb-2007
The court considered the treatment of losses in a London branch of the non-resident Bank. Had the company been resident it could have set off the losses. It claimed that the refusal was an unlawful discrimination. . .
Lists of cited by and citing cases may be incomplete.
Income Tax
Updated: 01 July 2022; Ref: scu.228330