According to a report in the Times on Friday, a landmark ruling by the European
Court of Justice could end up costing the UK government in excess of £1
billion.
The verdict, delivered in Luxembourg on Thursday announced that certain EU
member states were wrong to try to close a loophole which allows multinational
companies to shift their debt around solely for tax purposes. The Times revealed
that:
'The ruling centres on the way multinational companies artificially pile debt
on to subsidiaries in some countries. Any profits generated by such subsidiaries
can be channelled back to the parent in the form of interest payments against
the debt, rather than as pure profit. Many tax authorities, including those
in the UK and Germany, have tried to close the loophole by trying to restrict
the amount of debt parent companies can dump on local subsidiaries.'
Commenting on the ECJ's decision, international corporate tax partner at PricewaterhouseCoopers,
Peter Cussons warned that this ruling is likely to lead to similar claims in
the future, and suggested that the government is unprepared for this eventuality:
'The alarming thing is that there is no provision in the Chancellor's Red Book
for this,' he told the UK newspaper, observing that: 'The most powerful force
in tax in Europe today is not national parliaments or the European Commission
but the European Court of Justice.'