Legal News

Manufactured Overseas Dividends (MOD) regime amounted to unjustified restriction on freedom of capital under EU rules (Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs Commissioners)

Published on: 21 October 2019
Published by: LexisPSL
  • Manufactured Overseas Dividends (MOD) regime amounted to unjustified restriction on freedom of capital under EU rules (Coal Staff Superannuation Scheme Trustees Ltd v Revenue and Customs Commissioners)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Was there a restriction?
  • Was the restriction justified?
  • What remedy applied?
  • Case details

Article summary

Pensions analysis: Having found itself in an intriguing space between UK and Italian tax regimes, the pension fund at British Coal inadvertently found itself testing principles by which UK tax law impinged upon the freedom of movement of capital set out in the Treaty on the functioning of the European Union (EU). James Borshell, partner at Womble Bond Dickinson, explains a case that breaks, or at least maps, a little new ground in tax law. or take a trial to read the full analysis.

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