Reports have suggested that Ireland may mount a legal challenge to the
UK's recent decision to include the Republic on a list of countries designated
as 'tax havens' for the purposes of Controlled Foreign Companies (CFC) regulation.
In a statement released in July of this year, the Inland Revenue announced
that:
'The government has decided that changes to the rate of corporation tax (CT)
in Ireland mean that it is no longer appropriate for companies operating there
to enjoy automatic exemption from the UK's CFC rules. Changes to the relevant
regulations will be made on 20 September, and will take effect as regards accounting
periods of CFCs beginning on or after 11 October 2002.'
The tax authority went on to explain that in light of the Irish government's
decision to set its corporate tax rates at 12.5%: 'it is no longer possible readily
to distinguish between Irish CFCs that have been established there for genuine
commercial (as opposed to tax) reasons and therefore inappropriate to automatically
exempt them.'
However, as the only EU member state not to automatically receive this exemption,
Ireland feels that the UK's decision may mark the start of a sustained international
attack on its plans to maintain an attractive corporate tax regime.
The Irish Sunday Business Post reported that Taoiseach, Bertie Ahern made a
last minute telephone call to Prime Minister, Tony Blair in an attempt to stop
the rule change on Friday, but to no avail.