A High Court judge has ruled that the Guardian newspaper can file evidence
which claims to show that UK retail giant, Tesco, set up a series of offshore
holding companies to avoid paying UK corporate tax.
The newspaper alleges that Tesco established partnerships and holding companies
in Switzerland and Luxembourg as part of two tax avoidance schemes which saved
the retailer up to GBP30mn per year in income tax on its profits.
The ruling was made by Mr Justice Eady in a preliminary hearing in a libel
case brought by Tesco against the newspaper in relation to earlier false allegations
of aggressive tax avoidance tactics employed by the company.
Earlier in the year, the Guardian wrongly reported that Tesco had agreed to
major property sale and lease back deals in order to avoid up to GBP1bn in corporation
tax.
Tesco has accepted that, like most other large companies operating in the UK,
it employs tax minimisation strategies. However, the company has said that it
rejects the Guardian's claims of "massive" tax avoidance and that
it was "plundering the Treasury."
The paper has since apologised to Tesco after accepting elements of this earlier
article were untrue, and has offered to pay the company damages, although this
offer has yet to be accepted.
Justice Eady ruled that Tesco has until 15th September to decide whether to
accept the Guardian's offer, and also rejected a separate claim filed by Tesco
against the newspaper and its editor for "malicious falsehood." In
this latter ruling, Tesco was refused permission to appeal, and had costs awarded
against it.