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The High Court, in a case stated, upheld the decision that a company was entitled to treat foreign royalty withholding tax (RWHT) as a deductible expense, affirming the Tax Appeals Commissioner's determination that such expenses were necessarily incurred for the purpose of the company's trade. However, the court agreed to amend the case stated to include an additional question regarding the Commissioner's finding that it was not possible for the company to trade in jurisdictions imposing foreign RWHT without incurring the tax. The case was remitted to the Commissioner to append relevant portions of the transcript for this specific point.
foreign royalty withholding tax (RWHT), deductible expense, Tax Appeals Commission, High Court, section 81 Taxes Consolidation Act 1997 (TCA 1997), section 949AR(2) TCA 1997, case stated, findings of fact, inferences, transcript, appeal, deduction, trade, digital media licensing, tax determination, tax appeal.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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