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UK tax highlights: Court of Appeal BlackRock transfer pricing/unallowable purpose; 1.5% stamp duty capital-raising exemption; VAT consideration; remittance; MTD ITSA penalties; pensions LTA abolition (11 April 2024)

Published on: 11 April 2024

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Companies and corporation tax

Court of Appeal decides interest on intra-group loans not restricted under transfer pricing rules but debits disallowed under unallowable purpose rule (BlackRock Holdco 5, LLC v HMRC)

BlackRock Holdco 5, LLC v HMRC [2024] EWCA Civ 330 considers whether, for UK tax purposes, interest on intra‑group borrowing put in place to help fund a commercial acquisition is deductible. Two principal points were before the Court of Appeal: the transfer pricing analysis and the loan relationships unallowable purpose question. On the transfer pricing limb, the Court of Appeal allowed the taxpayer’s appeal. As a result, deductions for interest on the intra‑group loans were not curtailed by the transfer pricing rules, meaning the interest debits were not reduced under that regime. The judgment therefore confirms, on this aspect of the case, that the claimed interest deductions were unaffected by transfer pricing constraints...

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