Danish WHT fraud claim dismissed

The High Court has dismissed a claim by the Danish tax authorities (against more than 100 defendants) that it was wrongly induced to refund more than £1bn of tax.  It did so based on the established principle that English courts will not enforce foreign revenue laws.  Unless reversed, the decision will cast doubt on the ability of other tax authorities to proceed with cum/ex fraud claims in the High Court. Read more

HMRC’s ability to argue fraudulent misrep hindered

In the latest round of litigation in HMRC's bid to avoid a settlement agreement with members of the GE group of companies, the Court of Appeal has refused HMRC permission to amend their case to seek the equitable rescission of the settlement agreement on the ground of fraudulent misrepresentation.  Although the decision offers some comfort to the taxpayers concerned, it serves as a reminder that taxpayers should approach settlement discussions with HMRC with care. Read more