The WLR Daily case summaries
[2021] WLR(D) 446
Supreme Court
Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (formerly Inland Revenue Commissioners)
[2021] UKSC 31
2020 Dec 7–10; 2021 July 23
Lord Reed PSC, Lord Hodge DPSC, Lord Briggs, Lord Sales, Lord Hamblen JJSC
Revenue— Corporation tax— Advance corporation tax— Different tax treatment of nationally-sourced and foreign-sourced dividends received by UK-resident companies contrary to EU law— Taxpayers entitled to repayment of tax unlawfully levied and tax credits— Revenue making concession that taxpayers entitled to compound interest on restitutionary award— Whether revenue barred from withdrawing concession— Whether and on what basis taxpayers entitled to interest for tax paid prematurely— Whether taxpayers entitled to carry forward unused double taxation relief— Whether revenue enriched by receipt of unlawful tax— Whether amount of repayment reduced if UK companies having foreign parent— Whether EU standstill provision applying after UK altered foreign tax rules— When and to what extent unlawfully charged tax regarded as surrendered—
Income and Corporation Taxes Act 1988, ss 231, 240
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FEU Treaty
, arts 63, 64