A spate of recent cases concerning the application of double tax treaties has seen the courts and tribunals striving for common-sense, policy-driven outcomes. HMRC’s expansionist approach to construction has generally been resisted, with a more natural interpretation being preferred in the textual analysis. Although not without fault, particularly around the extent to which domestic law concepts have impinged on their international counterparts, by and large the approach adopted may leave room for optimism as regards disputes running along similar lines that are yet to come.
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A spate of recent cases concerning the application of double tax treaties has seen the courts and tribunals striving for common-sense, policy-driven outcomes. HMRC’s expansionist approach to construction has generally been resisted, with a more natural interpretation being preferred in the textual analysis. Although not without fault, particularly around the extent to which domestic law concepts have impinged on their international counterparts, by and large the approach adopted may leave room for optimism as regards disputes running along similar lines that are yet to come.
If you are not a subscriber, subscribe now to read this content.
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