Gallaher Ltd v Revenue and Customs Comrs

Subject Matter

REVENUE — Capital Gains Tax — Transfer of assets between companies in same group — United Kingdom-resident taxpayer indirect subsidiary of Netherlands company with direct Swiss subsidiary — Taxpayer making disposals of assets to Swiss sister and Netherlands parent companies — Whether transfer of assets between companies giving rise to capital gains charge with no right to defer payment under United Kingdom legislation — Whether legislation within scope of European Union right to free movement of capital — Whether legislation restricting freedom of establishment of parent company — Whether restriction necessary and proportionate — Taxation of Chargeable Gains Act 1992, s 171 — Corporation Tax Act 2009, ss 775, 776 — FEU Treaty, arts 49, 63

(Case C-707/20); EU:C:2023:101; [2023] 4 WLR 43; [2023] STC 408; [2023] WLR(D) 84, ECJ