Why does tax have to be so taxing? The Court revisits the Franked Investment Income litigation

Ryan Murphy

Research output: Contribution to journalArticle

Abstract

Examines the European Court of Justice ruling in Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (C-35/11) on whether the differential tax treatment of domestic and foreign-sourced dividends in the UK was compatible with the freedom of establishment and free movement of capital principles. Outlines its guidance on how to assess this compatibility. Considers the ruling's implications for the UK tax system, the relationship between tax sovereignty and the internal market and the third-country dimension of the free movement of capital principle.
Original languageEnglish
Pages (from-to)693-708
Number of pages16
JournalEuropean Law Review
Volume38
Issue number5
Publication statusPublished - 2013

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taxes
freedom of establishment
third countries
tax system
European Court of Justice
sovereignty
revenue
market
Group

Keywords

  • advance corporation tax
  • EU Law
  • single market
  • discrimination
  • dividends
  • foreign income
  • foreign subsidiaries
  • sree movement of capital
  • freedom of establishment
  • third countries

Cite this

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Why does tax have to be so taxing? The Court revisits the Franked Investment Income litigation. / Murphy, Ryan.

In: European Law Review, Vol. 38, No. 5, 2013, p. 693-708.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Why does tax have to be so taxing? The Court revisits the Franked Investment Income litigation

AU - Murphy, Ryan

PY - 2013

Y1 - 2013

N2 - Examines the European Court of Justice ruling in Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (C-35/11) on whether the differential tax treatment of domestic and foreign-sourced dividends in the UK was compatible with the freedom of establishment and free movement of capital principles. Outlines its guidance on how to assess this compatibility. Considers the ruling's implications for the UK tax system, the relationship between tax sovereignty and the internal market and the third-country dimension of the free movement of capital principle.

AB - Examines the European Court of Justice ruling in Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (C-35/11) on whether the differential tax treatment of domestic and foreign-sourced dividends in the UK was compatible with the freedom of establishment and free movement of capital principles. Outlines its guidance on how to assess this compatibility. Considers the ruling's implications for the UK tax system, the relationship between tax sovereignty and the internal market and the third-country dimension of the free movement of capital principle.

KW - advance corporation tax

KW - EU Law

KW - single market

KW - discrimination

KW - dividends

KW - foreign income

KW - foreign subsidiaries

KW - sree movement of capital

KW - freedom of establishment

KW - third countries

M3 - Article

VL - 38

SP - 693

EP - 708

JO - European Law Review

JF - European Law Review

SN - 0307-5400

IS - 5

ER -