header-logo header-logo

16 June 2011 / Nathan Simmons
Issue: 7470 / Categories: Features , Commercial
printer mail-detail

Not so distant relatives

How far does Prunus clarify the rights of overseas countries & territories, asks Nathan Simmons

The issue of whether individuals in overseas countries and territories (OCTs) have the same rights as those of their member state “parents” has again raised its head in Prunus. The OCTs are 22 dependent territories which have a special relationship with one of the EU member states. Several of the OCTs have favourable tax regimes, and are frequently used by companies as a corporate base – the British Virgin Isles (which was the subject of Prunus), the Dutch Antilles and the Cayman Islands are all OCTs with favourable tax regimes.

The legal issue which arose in Prunus is whether a company which has its corporate parent in the British Virgin Isles (BVI) is eligible to claim an exemption from French tax as if the parent was located within a member state of the EU. This question has broader-reaching implications, since the classification of the OCTs as being an extension of their parent member states would mean individuals in every

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll