HM Revenue & Customs (applicant) v Burlington Loan Management DAC (respondent)
Monday 27 January 2025
By Appellant’s Notice filed on 12 August 2024 this is an application for permission to appeal by the Appellant below, HM Revenue and Customs, against the decision of Mr Justice Richards and Judge Andrew Scott, sitting as Judges of the Upper Tribunal (Tax and Chancery Chamber), judgment being delivered on 31 May 2024.
This appeal concerns withholding tax on statutory interest earned on debt held in the Lehmans Europe administration. The issue was whether the parties to the debt assignment had a main purpose to “take advantage” of the residence provision (Article 12) in the UK-Irish Double Tax Treaty.