FII GLO 3rd ECJ reference

01 July 2013
Author: JHA

The 3rd reference in the FII GLO took place in the ECJ on 26 June. The reference concerned whether the retrospective reduction in the limitation period for mistake claims issued on or after 8 September 2003 (s320 FA 04) offended EU rights. The Supreme Court concluded in May 2012 that the like provisions which hit claims issued before that date (s107 FA 07) infringed EU law principles but could only reach the same decision for s320 FA 04 by a majority (5:2) and therefore referred the matter to the ECJ. The Advocate General’s opinion is expected to be released on 5 September 2013.

This article appears in the JHA July 2013 Tax Newsletter, which also features:

  1. ROSIIP GLO: Taxpayers succeed
  2. Retrospective Changes to rules on interim payment applications in tax cases
  3. Portfolio Dividend Claims: High Court Trial Concludes
  4. Exit Taxes
  5. Belgium notional interest deduction regime contrary to EU law
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