News-taxcase

No error

The taxpayer company applied to the Special Commissioners for a direction to HMRC to issue a closure notice in respect of an enquiry into the company's tax return. The Commissioners felt they needed first to refer certain questions relating to controlled foreign companies to the European Court of Justice. HMRC appealed to the High Court saying that the Commissioners did not have the power to make these referrals.
In the High Court the judge said that it was appropriate for the Special Commissioners to ensure that the controlled foreign companies provisions were compatible with EU law. If they felt that whether or not the issue of a notice of closure depended on a question of law which they could not decide without consulting the European Court of Justice this was the right decision to make.
HMRC's appeal was dismissed.
Commissioners of Revenue and Customs v...