In Root2tax, HMRC obtains an order that arrangements are notifiable under DOTAS so it can now issue APNs to the scheme users. A frustrated purchaser unsuccessfully looks to the High Court (in Takeda Pharmaceutical) to obtain information from the seller that might have enabled a settlement to be reached with the tax authority. In Irish Bank Resolution Corporation, the FTT decides that the attribution of a notional level of capital to a permanent establishment is not incompatible with the UK/Republic of Ireland treaty, even though this treaty is based on the pre-2010 OECD Model. The CJEU rules that the VAT cost sharing exemption is narrower than many had thought and is of no use to financial services companies.
This article was first published in the 13 October edition of Tax Journal.
