[2003] EWHC 32 (Ch).

Chancery Division.

[The appeal against this decision is reported at [2004] BTC 50.]

Park J.

Judgment delivered 22 January 2003.

Corporation tax – Taxation of dividends – Parent and subsidiary companies – Advance corporation tax (ACT) required to be paid by subsidiaries of non-UK holding company – Requirement subsequently held to be contrary to Community law – Claim for compensation or restitution in respect of past payments of ACT – Whether compensation to be reduced by amount of tax credits received under double tax agreements – Income and Corporation Taxes Act 1988, s. 247.

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