Revenue and Customs Commissioners v First Nationwide [2012] EWCA Civ 278; [2012] WLR (D) 73
“The tax status of preference dividends from a Cayman Islands company to whose shares the taxpayer had subscribed, was determined by the machinery by which they were distributed. Under Cayman law share premium was distributable as dividend, whereas in English tax law share premium was treated in the same way as paid-up share capital. The transaction was not a sale and repurchase of securities such as to constitute a ‘buying back’ within the meaning of sections 737A and 730B of the Income and Corporation Taxes Act 1988.”
WLR Daily, 13th March 2012
Source: www.iclr.co.uk
