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

Keywords

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

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