Indofood Decision: UK Tax Authorities' Guidance on Treaty Claims

On October 23, 2006, the London office issued an alert memorandum entitled, “Indofood Decision: UK Tax Authorities’ Guidance on Treaty Claims.” Following the recent English Court of Appeal decision in the Indofood case on the meaning of “beneficial ownership”, HM Revenue & Customs have issued draft guidance on how the decision will affect their approach to claims by non-residents under the UK’s network of tax treaties. This memorandum briefly discusses some key aspects of the decision as set out in the guidance published.