Court of Appeal - Test Claimants in the FII Group | KPMG | UK
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Court of Appeal - Test Claimants in the FII Group Litigation v HMRC

Court of Appeal - Test Claimants in the FII Group

Specific issues were under appeal from the High Court judgment of 18 December 2014 on quantification of taxpayer claims and the appropriate level of credit.


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The Court of Appeal (CoA) has released the latest judgment in the long-running group litigation saga of Test Claimants in the FII Group Litigation v HMRC. The case arises out of the UK’s tax treatment of inbound EU sourced dividends received from group subsidiaries, both on receipt and their onward distribution, and the clear difference in treatment compared with the UK rules which applied at the time to dividends received from UK resident entities. Previous judgments have determined the issues of liability and claimant taxpayers may seek restitution for payments of Schedule D Case V (DV) tax and advance corporation tax (ACT) to the extent that they were in breach of EU law. This decision considers several points concerning the quantification of taxpayers’ claims and the level of credit which should be applied, which were originally decided by the High Court in December 2014. The High Court’s decision was upheld by the CoA on the vast majority of issues.

This judgment is long and fairly complex, so for a better understanding of the key issues covered, please read our detailed article.

If you would like to discuss the judgment further, then please get in touch with the named contact or your usual KPMG contact.


For further information please contact :

Richard Doran

Stephen Whitehead

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