Source: All England Reporter
Publisher Citation: [2002] All ER (D) 240 (Oct)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Puissochet (President of the Chamber), Schintgen (Rapporteur), Gulmann, Macken and Cunha Rodrigues

Judgment Dates: 17 October 2002

Catchwords

European Communities - Taxation - Capital duty - Acquisition by non-member company of capital - Additional payments made by parent of acquiring company - Liability for capital duty - Council Directive (EEC) 69/335, arts 4, 5.

The Case

On a proper construction of art4(1)(d) of Council Directive (EEC) 69-335 (concerning indirect taxes on the raising of capital), capital duty was chargeable on payments made by a parent company to a capital company, which was increasing its assets by the issue of dividend certificates, in order to enable the acquisition of such certificates by a subsidiary of that parent company.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.