ECJ CADBURY-SCHWEPPES CASE – SUBSIDIARY TAXATION

BY KEITH NUTHALL CADBURY Schweppes may beat off an attempt by Britain's Inland Revenue to levy GBPounds 8.6 million taxes from an Ireland-based subsidiary. The tax collector wanted to charge Cadbury Schweppes Treasury International (CSTI), an in house finance company. It alleged CSTI's presence in Ireland was to dodge higher British tax rates, and claimed money under a UK law on 'controlled foreign companies' allowing taxation of British-owned subsidiaries based abroad. A European Court of Justice advocate general has advised such tax grabs are only legal where ...


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