M&S wins backing in EU tax case

Marks & Spencer can claim tax relief on losses incurred in other countries in the European Union, a senior European Court adviser has said. Report of the Opinion of the ECJ Advocate General in Case C-446/03 issued 7 April 2005. If the analysis of the Opinion is subsequently accepted by the European Court in its judgement, the decision could cost the UK Treasury billions in taxes. Increasingly the ECJ has argued that national tax rules that treat domestic and international tax transactions differently are illegal under EU law.

European Court of Justice: Press Release, No.29, 2005 http://curia.europa.eu/en/actu/communiques/cp05/aff/cp050029en.pdf

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