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Tower MCashback

 
Bill Dodwell of Deloitte gives his thoughts on our recent article on the Tower MCashback case
 
I read with interest the article by Dalla Jenney and Chris Bates (The Tax Journal Issue 953 20 October 2008) covering Mr Justice Henderson's recent decision in Tower MCashback. In my view the judge failed to understand the true meaning of BMBF v Mawson which led him to an incorrect decision in this case.
 
When finance leases were first invented the leasing company provided both tax capacity and finance. The lessee no doubt chose...

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