The UK Inland Revenue has welcomed a High Court ruling last week which means that a group of 55 multinational firms must now pursue their group tax relief case through the tax appeals process.
The international firms claim that the United Kingdom's rules with regard to the offsetting of losses from overseas subsidiaries when calculating UK corporate tax liability (which stipulate that such offsetting can only take place if all of the entities are UK tax resident) contravene freedom of establishment provisions contained within the EC treaty.
Mr Justice Andrew Park ruled last week that the group's claim cannot be pursued through the High Court, but must be decided via the Inland Revenue's tax appeals process.
This decision has been welcomed by the UK tax authority, although it is thought likely that the multinational firms will appeal against it.
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