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

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

Judgment Dates: 17 October 2002


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

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