*Prudential Assurance Company Ltd v Commissioners for Her Majesty's Revenue and Customs

European Union – Freedom of movement. In a test case brought against the Commissioners for Her Majesty's Revenue and Customs by the taxpayer company in relation to the UK's tax position on 'portfolio' investments, the Supreme Court made findings on what was due to the taxpayer by way of restitution or compensation, it having been previously established that the UK's tax treatment of dividends received by UK companies was in breach of art 63 of the Treaty on the Functioning of the European Union, and hence unlawful, to the extent that it discriminated between dividends paid by UK companies and dividends paid by foreign companies.

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