Test Claimants in the Franked Investment Income Group Litigation v Revenue and Customs Commissioners; Evonik Degussa UK Holdings Ltd and others v Revenue and Customs Commissioners

European Union – Taxation. The Court of Appeal, Civil Division, dismissed the appeals and cross-appeals on 16 of 19 issues before it. However, it held declared that the Revenue and Customs Commissioners could claim a credit against the repayment of overpaid advance corporation tax in respect of double taxation treaty credits granted to parent companies, it had been open to the Revenue to raise an 'actual benefit' argument in respect of the claimant taxpayers' mistake based claims and the taxpayers' mistake had been discoverable on 12 December 2006.

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