No 1.5 per cent stamp duty charge on transfer of shares to clearance service for the sole purpose of listing (Air Berlin v HMRC)

Table of contents

• Original news
• What are the practical implications of this case?
• What was this case about?
• Relevant legislation and case law
• Facts of the case and questions for the Court of Justice
• What did the Court of Justice decide?
• Case details

Article summary

Tax analysis: The Court of Justice has held that the Capital Duties Directive precludes the taxation of (a) a transfer of shares to a clearance service for the sole purpose of listing where there is no change in the beneficial ownership of the shares and (b) a transfer of newly issued shares on an increase of capital to a clearance service for the sole purpose of offering those shares for purchase.