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Sempra Metals

Sarah Lee Partner and Caroline Edwards Senior Associate Slaughter and May report on Sempra Metals Ltd v Commissioners of Inland Revenue and another. Sarah & Caroline acted for Sempra Metals
In a landmark judgment in Sempra Metals Ltd v Commissioners of Inland Revenue and another [2007] HL 34 given on 18 July 2007 the House of Lords has found that Sempra Metals Ltd (Sempra) is entitled to claim compound interest from HMRC on payments of advance corporation tax (ACT) which were made by Sempra in respect of dividends paid to its then German parent company. The case follows a string of decisions which have developed the scope for claims against HMRC for monies paid by way of tax pursuant to legislation which it is claimed is unlawful. The judgment...

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