In The Queen on the application of Glencore Energy UK Ltd v HMRC [2017] EWCA Civ 1716 (2 November 2017) the Court of Appeal rejected Glencore’s application for judicial review of a charging notice to diverted profit tax (DPT) issued under FA 2015 part 3.
HMRC had assessed Glencore as liable to pay DPT in relation to profits arising from its oil trading business which HMRC maintained had been diverted to its parent company in Switzerland Glencore AG as a result of a charge of 80% of Glencore’s net operating profits in return for services received from Glencore AG.
The High Court had refused Glencore’s application for judicial review on the ground that it had suitable alternative remedies: the statutory review of the charge to DPT under FA 2015 s 101; and a right of appeal under s 102. Glencore argued however that the...
