Trustees of the BT Pension Scheme v Revenue and Customs Comrs

Subject Matter

REVENUE — Corporation tax — Advance corporation tax — Shareholders in receipt of dividends funded out of foreign source paid by resident companies — Resident companies electing to treat foreign-sourced dividends as foreign income dividends — Shareholders not entitled to tax credit — Whether foreign income dividend regime in breach of European Union law

[2013] UKUT 105 (TCC); [2013] STC 1781; [2013] 2 CMLR 38, UT

REVENUE — Income tax — Tax credits — Claim for tax credits by trustee of pension scheme — Whether constituting “claim for relief” so as to be subject to six-year time limit — Taxes Management Act 1970, ss 41(1), 43(1) — Income and Corporation Taxes Act 1988, s 231

[2014] EWCA Civ 23; [2014] STC 1156; [2014] CN 19, CA

REVENUE — Corporation tax — Advance corporation tax — Shareholders in receipt of dividends funded out of foreign source paid by resident companies — Resident companies electing to treat foreign-sourced dividends as foreign income dividends — Shareholders not entitled to tax credit — Whether foreign income dividend regime in breach of European Union law — Income and Corporation Taxes Act 1988, s 231

[2015] EWCA Civ 713; [2016] STC 66; [2015] CN 1224, CA

Appellate History

Trustees of the BT Pension Scheme v Revenue and Customs Comrs [2011] UKFTT 392 (TC), FTT

Decision of the First-tier Tribunal affirmed

Trustees of the BT Pension Scheme v Revenue and Customs Comrs [2013] UKUT 105 (TCC); [2013] STC 1781; [2013] 2 CMLR 38, UT

Trustees of the BT Pension Scheme v Revenue and Customs Comrs [2013] UKUT 105 (TCC); [2013] STC 1781; [2013] 2 CMLR 38, UT

Decision of the Upper Tribunal affirmed

Trustees of the BT Pension Scheme v Revenue and Customs Comrs [2014] EWCA Civ 23; [2014] STC 1156; [2014] CN 19, CA

Trustees of the BT Pension Scheme v Revenue and Customs Comrs [2013] UKUT 105 (TCC); [2013] STC 1781; [2013] 2 CMLR 38, UT

Decision of the Upper Tribunal affirmed

Trustees of the BT Pension Scheme v Revenue and Customs Comrs [2015] EWCA Civ 713; [2016] STC 66; [2015] CN 1224, CA

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