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Table of contents

• Original news
• What was the CJEU’s decision?
• The case related to a 30% shareholding. Would a case relating to a 100% shareholding have a different result?
• Is the ‘cost component’ approach to allocating input VAT settled law?
• Does the decision impact on HMRC’s guidance issued after Kretztechnik AG v Finanzamt Linz: C-465/03 [2005] STC 1118?
• What are the implications for lawyers and their clients? What should they do next?
• How does this decision fit in with other developments in this area?

Article summary

Tax analysis: A recent Court of Justice of the European Union (CJEU) ruling on whether, for VAT purposes, a disposal of shares was equivalent to a transfer of a totality of assets leaves this area of law still horribly difficult, says barrister Roger Thomas, of Pump Court Tax Chambers.