Jurisdiction(s):
United Kingdom

AXA seeks Court of Appeal ruling that Prudential test case fixed GLO limitation dates for EU law foreign dividend and ACT claims against HMRC

Published on: 16 October 2024

Published by a Law360 reporter

Legal News

Article summary

The insurer is aiming to reverse conclusions that a 2013 ruling failed to settle whether other actions against HMRC were in time, concerning how far a range of UK direct tax measures infringed EU law and what remedies taxpayers could pursue. AXA’s advocate, Jonathan Bremner KC of One Essex Court, said HMRC was 'having two bites of the cherry' by arguing that the limitation point in Prudential Assurance Co Ltd v HMRC could not operate as a precedent. 'It undermines the utility of having a test case in the first place', Bremner noted.

This litigation sits among numerous cases arising from the protracted disagreement over HMRC’s approach to dividends from overseas subsidiaries. UK-headquartered companies with foreign subsidiaries maintained they bore a heavier tax burden on dividend receipts than groups with solely UK subsidiaries. Their stance was bolstered by a European Court of Justice decision that states must not treat dividends paid by non-resident companies less favourably than those from domestic companies...

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