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PAUL STEWARD provides the highlights of the event in London
SPEAKERS
- Robert Maas Blackstone Franks
- Anne Fairpo Atlas Chambers
- Bruno Giordan HM Revenue & Customs
- Jeremy Woolf Pump Court Tax Chambers
- Paddy Behan Behan & Co Ltd
- Tarlochan Lall Monckton Chambers
The ‘abuse’ principle
Robert Maas said that the ‘abuse’ principle has been examined in three recent cases.
In Weald Leasing Ltd ([2011] STC 596) the ECJ decided it did not apply. Leasing was carried out by companies with assets originally purchased by another company and input tax was reclaimed.
Since there was some commercial justification for the arrangement and an arm’s length basis applied input tax recovery would not be restricted.
In contrast in Pendragon plc ([2012] UKUT 90 (TCC)) the Upper...
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