Treasury draws solace from ‘sting in the tail’

Marks & Spencer can claim tax relief on losses incurred in other countries in the European Union according to the Opinion of the ECJ Advocate General in Case C-446/03, issued 7 April 2005. If the analysis of the Opinion was subsequently to be accepted by the European Court in its judgement, the decision could cost the UK Treasury billions in taxes. But the Advocate-General indicated that in the future tax relief of foreign losses could be refused by national governments if the state where the foreign subsidiary was based offered mechanisms such as the carry-forward of tax losses. Article discusses the consequences of the judgement for corporate tax schemes in the UK and other Member States.

European Court of Justice: Press Release: No. 29/05 http://curia.europa.eu/en/actu/communiques/cp05/aff/cp050029en.pdf

---