Peninsular & Oriental Steam Navigation Company v Revenue and Customs Commissioners

Income tax – Double taxation relief. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) dismissed the appeal by the Peninsula & Oriental Steam Navigation Company (P & O) against the decision of the First-tier Tribunal (Tax Chamber) to uphold the decision of the Revenue and Customs Commissioners to substantially reduce P & O's claim for double taxation relief. The tribunal decided that the natural, and correct, construction of s 799(1) of the Income and Corporation Taxes Act 1988 was that where there was no foreign tax (or UK tax which was treated as if it was foreign tax) there was also no tax which could be taken into account for the purposes of that sub-section.

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