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27 April 2007 / Tim Crosley , Michael Walsh
Issue: 7270 / Categories: Features , Tax , Commercial
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This is not just group relief...

How is the ECJ tackling discrimination in domestic tax systems? Tim Crosley and Michael Walsh report

On 22 February 2007 the Court of Appeal gave its ruling in the latest instalment of Marks & Spencer plc v Halsey (HM Inspector of Taxes) [2007] EWCA Civ 177, [2007] All ER (D) 232 (Feb), which has seen Marks & Spencer (M&S) litigating since 2002 for its right to claim group relief for the losses of foreign subsidiaries based in Europe.

In the UK, there is no consolidated system of taxation, meaning that each member of a group of UK companies is (as a starting point) taxed separately on its own profits. Recognising that this could be unfair where some parts of the group are doing well and some are not, the UK allows losses in one group company to be “surrendered” to another profitable group company, thus allowing the profitable company to use those losses to reduce the tax payable by it.

The rules are complex, but a basic point

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A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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